KEITH COLDER CHAUNCEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1980-04-09
No. 79-952
DOWNEY, C. J., and BERANEK, J., concur.
382 So. 2d 782 Florida District Court of Appeal, Fourth District (1980) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Appellant Keith Chauncey was charged with cocaine possession after police conducted a frisk during a traffic stop. The court held that the frisk violated Florida law because there was no probable cause to believe the appellant was armed, and therefore reversed the conviction and remanded for suppression of the cocaine evidence.


Holding

The court held that the frisk was illegal because Section 901.151(5) establishes separate requirements for searches, and the right to search does not automatically follow from the right to detain. A search during temporary detention must be based on probable cause to believe the detainee is armed with a dangerous weapon, which was absent here.


Headnotes

[1] A lawful pat-down search for weapons requires a reasonable belief that the person detained is armed and dangerous.

[2] A lawful pat-down search for weapons is not automatically authorized by the lawful temporary detention of a person.

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Key Quotes

“The right to search does not automatically follow once the right to detain is established.”

Establishes that detention during traffic stop does not authorize automatic searches under Florida law.

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Facts & Procedural History

Police stopped an automobile for a broken tail light after observing suspicious behavior (dome light on, occupants huddled together). Officer Vaughn o…

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Opinion of the Court
GLICKSTEIN, Judge.

GLICKSTEIN, Judge.

Appellant was charged with possession of cocaine. Following denial of his motion to suppress, he pled no contest, reserving the right to appeal the trial court’s ruling. Adjudication was withheld and appellant placed on probation for three years. Appellant contends that seizure of the cocaine from his shirt, pocket was illegal because the frisk was not authorized by Section 901.151(5), Florida Statutes (1977). We agree and reverse.

Police Officer Richard Vaughn of the Town of Palm Beach was on routine patrol shortly after 1:00 a. m. on December 15, 1978. While he was stopped at an intersection, an automobile passed him with the dome light on and the three occupants huddled together as if searching for something. When the occupants saw the police car, they straightened up and turned off the dome light. Vaughn followed the automobile and after observing one of the tail lights not functioning pulled the automobile over. After getting permission of the driver, Mr. Gillespie, to search the automobile, Vaughn called for a backup unit and asked the occupants to get out of the automobile. Keith Chauncey, appellant herein, got out of the automobile on the passenger side of the front seat. Within seconds, the backup officer, Robert C. Anderson, arrived at the scene. Immediately upon his arrival, Officer Anderson asked Officer Vaughn if he had patted anybody down. When Officer Vaughn said he had not, Officer Anderson began patting down the occupants, while the other officer began to search the vehicle. In patting down appellant, Officer Anderson felt an object about three inches long in appellant’s shirt pocket, seized it and found it to be a glass tube about one-sixteenth (Vi6") of an inch in diameter. Turning his flashlight on the tube, the officer saw a white powdery substance which he determined to be cocaine. He then placed appellant under arrest. Officer Vaughn testified at the motion to suppress that he had no reason to believe the driver or the passengers were armed.

This case is governed by our decision in Schnick v. State, 362 So. 2d 423, 425 (Fla. 4th DCA 1978), wherein we held:

Section 901.151(5), Florida Statutes (1975) sets out entirely separate and distinct requirements which must be met before a person may be searched. The right to search does not automatically follow once the right to detain is established. State v. Lundy, 334 So. 2d 671 (Fla. 4th DCA 1976). Temporary detention, unlike arrest, does not itself authorize a search “incident to detention.” It is true in some instances that the same circumstances justifying the detention also establish probable cause to believe that a weapon is involved and hence justify a search. Wilson v. State, 324 So. 2d 700 (Fla. 4th DCA 1976). But the search must be based on probable cause to believe that the detainee is armed with a dangerous weapon.

The record affirmatively shows that Officer Vaughn had no reason to believe appellant was armed, and the only reason Officer Anderson conducted the pat-down was because the other officer had not. Accordingly, the judgment and sentence must be reversed with directions that the order denying the motion to suppress be vacated and any further proceedings be in accordance with the terms of this opinion.

REVERSED and REMANDED.

DOWNEY, C. J., and BERANEK, J., concur.


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Citator

Cited By

  • Johnson v. State, 537 So. 2d 117 (Fla. 1st DCA 1988)
    …on the officers’ general comments that “[m]ost of these narcotics are related to weapons” and that they were concerned about their safety. In fact, Watzlawick testified that he patted appellant down to see if he was dangerous. See Chauncey v. State, 382 So. 2d 782 (Fla. 4th DCA 1980) (seizure of cocaine resulting from pat-down search of passenger in automobile was illegal under section 901.151 because officer had no reason to believe the passenger was armed when he stopped the car for a taillight violation, a…

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