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Hetland v. State

Supreme Court of Florida
Sep 11, 1980
387 So. 2d 963 (Fla. 1980)
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Summary

adopting opinion of the district court of appeal

Summary of this case from State v. Jones
See 7 Summaries

Opinion

No. 56245.

September 11, 1980.

Robert E. Jagger, Public Defender, and Ellen Irene Hoffenberg, Asst. Public Defender, Clearwater, for petitioner.

Jim Smith, Atty. Gen., and William I. Munsey, Jr. and Peggy A. Quince, Asst. Attys. Gen., Tampa, for respondent.

PER CURIAM.

The question in this case is whether a valid stop and frisk may be based on information obtained from an anonymous telephone caller. The District Court of Appeal, Second District, in the decision below, 366 So.2d 831, answered this question in the affirmative provided the anonymous tip bore sufficient indicia of reliability. In reaching its decision the court expressly receded from the rule announced in its prior decision in State v. Hendry, 309 So.2d 61 (Fla. 2d DCA 1975). The District Court of Appeal, Fourth District, however, relied on State v. Hendry in reaching a negative response to this question. St. John v. State, 363 So.2d 862 (Fla. 4th DCA 1978). But cf. Byrd v. State, 380 So.2d 457 (Fla. 1st DCA 1980); Isham v. State, 369 So.2d 103 (Fla. 4th DCA 1979). Conflict jurisdiction therefore vests in this Court pursuant to article V, section 3(b)(3), Florida Constitution (1972).

We agree with the District Court of Appeal, Second District, that an inflexible rule based on the anonymous nature of the tip would not be appropriate in all instances without regard to the other circumstances involved. A valid stop and frisk may be based on information obtained from an anonymous tipster if that information appears sufficiently reliable because of the surrounding circumstances or the nature of the information given in the tip itself.

Since it would serve no useful purpose to expand upon the exhaustive and well reasoned analysis of the district court below, we hereby adopt its opinion as our own. Accordingly, the writ of certiorari is granted and the decision of the District Court of Appeal, Second District, is approved. We disapprove of the decision of the District Court of Appeal, Fourth District, in St. John v. State to the extent it is inconsistent with our decision today.

It is so ordered.

SUNDBERG, C.J., and ADKINS, BOYD, OVERTON and ALDERMAN, JJ., concur.

Summaries of

Hetland v. State

Supreme Court of Florida
Sep 11, 1980
387 So. 2d 963 (Fla. 1980)

adopting opinion of the district court of appeal

Summary of this case from State v. Jones

In Hetland, the sheriff's deputies received an anonymous tip that Hetland was on his way to a local tavern to shoot someone.

Summary of this case from J.L. v. State

In Hetland, this Court held that an anonymous tip can provide the basis for a valid stop if the tip carries sufficient indicia of reliability.

Summary of this case from J.L. v. State

In Hetland v. State, 387 So.2d 963 (Fla. 1980), we commended and adopted the opinion of the district court in State v. Hetland, 366 So.2d 831 (Fla. 2d DCA 1979).

Summary of this case from State v. Dilyerd

In Hetland we were confronted with the issue of whether a stop was valid and we utilized the standards announced by the Supreme Court of the United States to hold that it was. Also, through adoption of the district court opinion, we held that for the same reason the stop was valid, so was the frisk.

Summary of this case from State v. Webb

In Hetland, two deputies were informed by radio dispatch that an anonymous phone call from an unknown female had been received, advising the authorities that a man named Hetland was on his way to a particularly named bar to shoot someone.

Summary of this case from State v. Webb

In Hetland v. State, 387 So.2d 963 (Fla. 1980), the Florida Supreme Court held that under certain circumstances information obtained from an anonymous tip can be the basis of reasonable suspicion for a valid stop and frisk.

Summary of this case from Brown v. State
Case details for

Hetland v. State

Case Details

Full title:ROBERT LESLIE HETLAND, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:Supreme Court of Florida

Date published: Sep 11, 1980

Citations

387 So. 2d 963 (Fla. 1980)

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