MARY B. MCCARTHY, APPELLANT,
v.
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE

Fla. 4th DCA | 2002-02-27
No. 4D01-3068
WARNER and HAZOURI, JJ., concur.
813 So. 2d 127 Florida District Court of Appeal, Fourth District (2002) Positive Treatment
Cited by 6 cases

Opinion of the Court
FARMER, J.

FARMER, J.

AFFIRMED. See Fla. R.App. P. 9.315(a).

WARNER and HAZOURI, JJ., concur.


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  • Chappell v. State, 838 So. 2d 645 (Fla. 5th DCA 2003)
    …d when he ordered Chappell not to walk away, the encounter obviously became a detention. Whether the detention was lawful depends upon whether the officer had “reasonable suspicion” to stop and detain Chappell for investigation. See A.D.J. v. State, 813 So. 2d 127, 129 (Fla. 5th DCA 2002). In justifying a stop, “the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” “[T]he facts [must] be…
  • E.I. v. State, 25 So. 3d 625 (Fla. 2d DCA 2009)
    …dence was, in fact, destroyed and not available, and this act could constitute tampering with evidence. Id. at 133 (“[Sjwallowing an object clearly constitutes altering, destroying, concealing, or removing a ‘thing’ ....”); see also A.D.J. v. State, 813 So. 2d 127 (Fla. 5th DCA 2002) (affirming conviction for tampering based on defendant’s act of swallowing the drugs). Because swallowing an item can [*628] constitute tampering, attempting to swallow an item can constitute attempted tampering. See, e.g., Morri…
  • Christian v. State, 882 So. 2d 410 (Fla. 5th DCA 2004)
    …PER CURIAM. AFFIRMED. See A.D.J. v. State, 813 So. 2d 127 (Fla. 5th DCA 2002); Slydell v. State, 792 So. 2d 667 (Fla. 4th DCA 2001). PETERSON, GRIFFIN and ORFINGER, JJ., concur.…

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