Barbara J. Pariente C. Alan Lawson Charles T. Canady drunk driving Florida Supreme Court Jorge Labarga Laurel Niles Peggy A. Quince police searches/search warrants probation/probation officers R. Fred Lewis Ricky Polston Robert Lee
Mr. Presley was a passenger in a car stopped for running a stop sign and faulty taillights. Police told Mr. Presley that he couldn’t leave. Mr. Presley said he had been drinking. The police ran an identification check and discovered that Mr. Presley was on probation and barred from drinking. The police arrested him on a charge of violating probation, searched him and found drugs in his pocket. In court, Mr. Presley argued that the officers violated his constitutional protection against unreasonable seizures when they refused to allow him to leave during the traffic stop. The trial court denied his motion to suppress, revoked his probation, and sentenced him to prison. The First District Court of Appeal upheld the trial court’s ruling and certified conflict with a decision by the Fourth District Court of Appeal on the same legal issue.
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