Use West’s Florida Digest 2d to answer the following questions. Begin with the Descriptive Word Index. For some of the questions throughout this homework assignment (those asking for topic and key numbers), there may be more than one correct answer as multiple topics/key numbers can point you to the same result. You only have to provide one of the solutions.
Background for questions 1-3: Your client is an 18 year old named John Reynolds. In December, he was arrested for possession of controlled substances. He tells you that on that evening, he and his friend, Billy, who is 16 years old, were walking back to John’s home in Destin from the AMC movie theater in the Commons where they had been watching a movie with friends. It was about 11:30pm and they were walking behind the closed Common’s stores in the empty parking lot. John said he was going that way because there was a shortcut to his house across the golf course behind the theater. Police Officer Justin Storm was patrolling on Legendary Drive between Lowe’s and the backside of the Commons when John and Billy were walking in the parking lot. Officer Storm became suspicious and made an investigatory stop. John says the officer asked them what they were doing, and John told him he lived nearby and they were walking home from the theater. Officer Storm then frisked both boys, finding a bag of a pills in John’s front pants pocket. The pills field tested positive as a controlled substance. John was then arrested.
1. What topic and key number did you find that deals with the reasonableness of an investigative search?
2. Find a Florida case that was appealed and decided by the U.S. Court of Appeals for the 11th Circuit in 2010 that defines what an officer must have to support reasonable suspicion for an investigatory stop.
a. What is the name/citation for the case you found?
b. On what volume and page number of the Digest did you find the case?
3. Find a Florida First District Court of Appeals case decided in 2008 in which the court ruled that a “mere hunch that criminal activity may be happening is not sufficient to constitute reasonable suspicion to justify stopping an individual.”
a. Give the name/citation for the case you found. Hint: you will know you have the right case if the one you found came from Okaloosa County Circuit Court.
b. On what volume and page number of the Digest did you find the case?
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