State, Department of Highway Safety & Motor Vehicles v. Dean

District Court of Appeal of Florida

State, Department of Highway Safety & Motor Vehicles v. Dean

175 So. 3d 939, 2015 Fla. App. LEXIS 14994, 40 Fla. L. Weekly Fed. D 2289

District Court of Appeal of Florida·Decided October 9, 2015·No. No. 5D15-2038·Published·Cited by 1 cases

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PER CURIAM.

While the lower court applied the wrong standard of law to justify a stop of a motor vehicle — probable cause, rather than reasonable suspicion — we find, under the “tipsy coachman” doctrine, that the trial court reached the proper result and deny the petition for writ of certiorari. See Robertson v. State, 829 So.2d 901, 906-07 (Fla.2002).

PETITION DENIED.

EVANDER and COHEN, JJ., concur. BERGER, J., dissents with opinion.

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PER CURIAM.

While the lower court applied the wrong standard of law to justify a stop of a motor vehicle — probable cause, rather than reasonable suspicion — we find, under the “tipsy coachman” doctrine, that the trial court reached the proper result and deny the petition for writ of certiorari. See Robertson v. State, 829 So.2d 901, 906-07 (Fla.2002).

PETITION DENIED.

EVANDER and COHEN, JJ., concur. BERGER, J., dissents with opinion.

State, Department of Highway Safety & Motor Vehicles v. Dean, 175 So. 3d 939, 2015 Fla. App. LEXIS 14994, 40 Fla. L. Weekly Fed. D 2289 (Fla. Ct. App. 2015).

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