Stops & Frisks

Arizona v. Johnson

Frisk during a traffic stop · 555 U.S. 323 (2009)

A lawful traffic stop does not by itself authorize a frisk. Reasonable suspicion that the person is armed and dangerous is still required.

Baptiste v. State

Anonymous firearm tips · 995 So. 2d 285 (Fla. 2008)

An anonymous gun allegation plus a matching description did not establish reasonable suspicion without adequate reliability concerning criminal activity.

C.E.L. v. State

Flight and resisting without violence · 24 So. 3d 1181 (Fla. 2009)

Continued flight after an officer's lawful order to stop can support resisting without violence when the officer already has lawful detention grounds.

Illinois v. Wardlow

Flight and context · 528 U.S. 119 (2000)

Unprovoked headlong flight upon seeing police, combined with the surrounding circumstances, can support reasonable suspicion. Presence in a high-crime area alone is insufficient.

McDaniels v. State

Open carry and detention · No. 1D2023-0533 (Fla. 1st DCA 2025)

The First DCA held Florida's general open-carry ban unconstitutional. Open carry alone should not be treated as automatic detention or arrest authority.

Open-carry legal status — verify current guidance

Popple v. State

Consensual encounter becomes detention · 626 So. 2d 185 (Fla. 1993)

An order to exit a legally parked vehicle can turn a consensual encounter into a seizure requiring reasonable suspicion.

State v. Ecker

Loitering and prowling limits · 311 So. 2d 104 (Fla. 1975)

Loitering and prowling requires unusual conduct plus circumstances creating an imminent concern for people or property.

Terry v. Ohio

Stop vs. frisk · 392 U.S. 1 (1968)

An investigative stop requires specific facts supporting reasonable suspicion of criminal activity. A frisk requires a separate reasonable suspicion that the person is armed and dangerous.