E.P., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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SCHWARTZ, Senior Judge.
In this appeal from an adjudication of delinquency, no error has been demonstrated in the denial of a motion to suppress drug paraphernalia found on the juvenile’s person after a pat down which followed a Terry stop justified under section 984.13, Florida Statutes (2007) (“when the officer has reasonable grounds to believe that the child is absent from school without authorization ... for the purpose of delivering the child without unreasonable delay to the appropriate school system site”), see K.A.C. v. State, 707 So. 2d 1175 (Fla. 3d DCA 1998), and justifiably preceded placing him in the police car for the purpose of taking him to school as the statute requires. See, e.g., Jackson v. State, 791 P. 2d 1023 (Alaska Ct.App. 1990)(“in the case of transportation in a police vehicle, however, or in the analogous circumstances here, the necessity of close proximity will itself provide the needed basis for a protective pat-down of the person.”). See also In re Kelsey, 243 Wis.2d 422, 626 N.W. 2d 777 (2001); State v. Evans, 67 Ohio St.3d 405, 618 N.E. 2d 162 (1993).
Affirmed.
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Cited By
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L.C. v. State, 23 So. 3d 1215 (Fla. 3d DCA 2009)…to the scene of the crime in the rear of a police car, the police may carry out a departmental policy, imposed for reasons of officer safety, by patting down that person.”); United States v. Burton, 228 F. 3d 524, 528 (4th Cir.2000); E.P. v. State, 997 So. 2d 1240, 1240 (Fla. 3d DCA 2008) (stating necessity of close proximity in police vehicle itself provides needed basis for pat-down of person); A.J.M. v. State, 746 So. 2d at 1224 (affirming trial court order denying motion to suppress where officer performe…
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D.O. v. State, 77 So. 3d 787 (Fla. 3d DCA 2011)…a pat-down of the outer clothing of the juvenile, and limited in purpose to locating any weapons on the juvenile’s person. Mention must be made of two decisions of this Court which have, to some extent, addressed the issue at bar. In E.P. v. State, 997 So. 2d 1240 (Fla. 3d DCA 2008), we upheld, without further analysis, a pat-down search of a juvenile which “followed a Terry stop justified under section 984.13, Florida Statutes ... and justifiably preceded placing him in the police car for the purpose of taki…1 / 2
Authorities Cited
- Fla. Dep't OF Child. & Families v. State, 707 So. 2d 1175 (Fla. 1st DCA 1998)
- K.A.C. v. State, 707 So. 2d 1175 (Fla. 3d DCA 1998)