Police are not allowed to benefit from their own errors or sloppy record-keeping. Otherwise, they could break the rules willy-nilly, and blame it all on clerical errors. Anstead decided that the Department of Highway Safety and Motor Vehicles, which includes the driver's license division, is part of law enforcement. He was joined by justices Leander Shaw, Barbara Pariente and Fred Lewis. As is often the case, the dissenting opinion was sharper.
Judges tend to be a little freer with their pen when they are on the losing side.
Justice Charles Wells wrote for the dissenters. He was joined by Chief Justice Major Harding and Justice Peggy Quince. Florida is supposed to follow whatever the U.S. Supreme Court says about search and seizure, Wells noted. It says so right in our state Constitution. He was proceeding in good faith.