Golphin V Case

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FACTS: On May 13, 2015 The Officer was assisting another officer with a call in front of Pelican Pub in downtown St. Petersburg. (R. 46, 1). While assisting with the call, The Officer observed The Defendant at the outside patio of the Ringside Caf?. (R. 46, 4-9). At that point, The Officer observed The Defendant exited the patio of the caf? and walk onto the sidewalk. (R. 47, 4-6). When The Defendant walked onto the sidewalk, he was holding a glass that The Officer identified as a cocktail glass with a dark liquid that was visible inside the glass. (R. 47, 9-23). As The Defendant walked away from the bar, he passed within a foot of The Officer, (R. 53, 14-16), and The Officer advised The Defendantg to finish his drink in the bar. (R. 48, 11-12).…show more content…
Golphin v. State, 945 So. 2d 1174, 1180 (Fla. 5th DCA 1003). First, during a consensual encounter there is minimal police contact and the citizen may either voluntarily comply with a police officer?s requests or choose to ignore them. Golphin, 945 So 2d at 1180. Second, an investigatory stop allows a police officer to detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed or is about to commit a crime. Golphin, 945 So 2d at 1180. Further, the officer?s suspicions that criminal activity occurred or is going to occur, must be well-founded and articulable. Golphin, 945 So 2d at 1180. Third, an arrest, which must be supportable by probable cause that a crime has been or is being committed. Golphin, 945 So 2d at 1180.…show more content…
As The Defendant walked out of the bar, he was carrying a glass that, in The Officer experience, would be a type of glass that a bar would serve a mixed drink in. Additionally, the glass that The Defendant was carrying was translucent, allowing The Officer to identify a dark, carbonated liquid that, in The Officer? experience, would have been typical of a popular mixed-drink. Further, when The Defendant walked by The Officer, the Officer could smell alcohol. Based on The Officer experience, and the totality of the circumstances, he developed a well-founded suspicion that The Defendant was carrying an open container on a public

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