Florida v. Markus
Annotate this CaseHousemates McCumbers, Junk, Blair, and Markus invited three women to their garage/recreation room to socialize. At 12:20 a.m. Officers Prendergast and Edu were dispatched to a noise disturbance, which had dissipated before they arrived. Prendergast testified that as he approached Markus, who was outside, he smelled marijuana. Prendergast identified himself and asked Markus to stop. Markus dropped his cigarette, raised both hands and walked backward. Prendergast instructed Markus to stop. Prendergast claimed Markus turned and ran into the garage/recreation room. The officers followed. Prendergast later testified that Markus was on the couch and resisted the officers. Additional officers arrived; they pulled Markus down. Prendergast straddled Markus to apply handcuffs, turned Markus on his side, and was alerted that there was a pistol in Markus’ waistband. McCumbers, who was in the home, testified that he handed Markus a tobacco cigarette and lit it before Markus walked outside to talk to men who were standing along the road, and that, when approached by the officers, Markus raised his hands and walked backward at a slow pace until he reached the couch. The officers had their Tasers drawn and pushed Markus, so that he “spun around.” Others testified that the officers were rough with the other occupants and that they searched the bedrooms. Markus was convicted of possession of a firearm by a convicted felon. The Supreme Court of Florida reversed. The totality of the circumstances must be considered in evaluating Fourth Amendment cases. The exigent circumstance exception of hot pursuit does not justify a warrantless home entry, search, and arrest when the underlying conduct for which there is probable cause is only a nonviolent misdemeanor and the evidence of the alleged misdemeanor is outside the home.
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