JOE NATHAN ROZIER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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SCHWARTZ, Judge.
Rozier appeals his conviction for the possession of controlled substance paraphernalia. He pled nolo contendere below, reserving the right to challenge the court’s denial of his motion to suppress the paraphernalia — a hypodermic needle and bottle cap “cooker” — which had been secured by a search of his person after an arrest on an outstanding bench warrant. We hold that the motion to suppress should have been granted because the police officers’ initial stop of the defendant, which resulted in the arrest, was based on no more than a “bare suspicion of illegal activity” rather than the “founded” or “reasonable” suspicion constitutionally required to support it. Mullins v. State, 366 So. 2d 1162 (Fla.1978), and cases cited; Parker v. State, 363 So. 2d 383 (Fla. 3d DCA 1978); Jackson v. State, 319 So. 2d 617 (Fla. 1st DCA 1975), cf. State v. Brooks, 281 So. 2d 55, 56 (Fla. 2d DCA 1973) (“high crime area” alone insufficient to justify stop). The judgment below is therefore reversed and the cause remanded with directions to grant the motion to suppress.
Reversed and remanded.
PEARSON, Judge
(dissenting).
I think that the facts of this case come properly within the law and reasoning set forth in Wigfall v. State, 323 So. 2d 587 (Fla. 3d DCA 1975). As to the principles involved, see State v. Ecker, 311 So. 2d 104 (Fla.1975).
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State v. Frierson, 926 So. 2d 1139 (Fla. 2006)…inal stop was probable cause or founded suspicion. We likewise do not agree with respondent’s assertion that even if the Foust decision conflicted with the Fourth District’s decision in this case, the Third District’s later case of Rozier v. State, 368 So. 2d 379 (Fla. 3d DCA 1979), changed the law in the Third District from Foust See Rozier, 368 So. 2d at 380 (“[T]he motion to suppress should have been granted because the police officers’ initial stop of the defendant, which resulted in the arrest, was base…
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Reagan v. State, 667 So. 2d 378 (Fla. 1st DCA 1995)…tervening circumstances which would result in the ultimate search not being considered fruits of the poisonous tree. See Libby v. State, 561 So. 2d 1253 (Fla. 2d DCA 1990); Kimbrough v. State, 539 So. 2d 619 (Fla. 4th DCA 1989); and Rozier v. State, 368 So. 2d 379 (Fla. 3d DCA 1979). The judgment below is reversed, and the case remanded with directions to grant the motion to suppress. WOLF, LAWRENCE and BENTON, JJ., concur.…
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Hernandez v. State, 784 So. 2d 1124 (Fla. 3d DCA 1999)…other police officers simply does not vitiate the illegality of the initial stop [*1134] of Hernandez by Officer Surlow. See Libby v. State, 561 So. 2d 1253 (Fla. 2d DCA 1990); Kimbrough v. State, 539 So. 2d 619 (Fla. 4th DCA 1989); Rozier v. State, 368 So. 2d 379 (Fla. 3d DCA 1979). Contrary to the majority, I find this case to be virtually indistinguishable from our decision in L.M. v. State, 694 So. 2d 118 (Fla. 3d DCA 1997). There, as here, a police officer received a radio dispatch of an anonymous tip o…
Authorities Cited
- State v. Ecker, 311 So. 2d 104 (Fla. 1975)
- Mullins v. State, 366 So. 2d 1162 (Fla. 1978)
- Sautter v. Victory Auto Rental Corp., 323 So. 2d 587 (Fla. 3d DCA 1975)
- State v. Brooks, 281 So. 2d 55 (Fla. 2d DCA 1973)
- Parker v. State, 363 So. 2d 383 (Fla. 3d DCA 1978)
- Jackson v. State, 319 So. 2d 617 (Fla. 1st DCA 1975)