TONY HOWARD WEBB, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Tony Webb was stopped by police based on a BOLO (be on the lookout) for an armed robbery suspect and was found carrying a concealed firearm during a pat-down search. The court reversed the denial of his suppression motion, holding that the BOLO lacked sufficient reliability to justify the stop and subsequent search under Florida law.
The court held that the motion to suppress should have been granted because the BOLO lacked reliability, no evidence at the suppression hearing established its reliability, and the facts known to police were insufficient to form reasonable suspicion to justify the stop under Section 901.151 Florida Statutes (1977).
[1] A "be on the lookout" (BOLO) alert does not justify a stop unless the state demonstrates the reliability of the information contained within the BOLO at a suppression hea…
[2] A BOLO is rendered unreliable when witness descriptions contradict the information contained in the BOLO.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[i]n order for a BOLO to justify such a stop there must be some showing by the State at a suppression hearing that the information contained in the BOLO was reliable”
Establishes the legal standard requiring reliability of BOLO information to justify a police stop
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Join FLexlaw to unlock all legal intelligencePolice received a BOLO describing a white male, five feet nine, thin build, approximately 130 pounds, light complexion, with blonde hair in a pony tai…
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MOORE, Judge.
Appellant was charged with the felony of carrying a concealed firearm. He now appeals the denial of his motion to suppress, having entered a plea of nolo contendere and reserving his right to appeal.
At the hearing on the motion to suppress, the evidence revealed that the police, at a briefing session, received a BOLO (be on the lookout) for a “white male, five feet nine, thin build, approximately 130 pounds, light complexion, blonde hair and a pony tail”. Possession of a black colored gun was also mentioned as a way of identifying the suspect who allegedly committed two armed robberies on the two previous days.
Appellant was stopped by police officers in a patrol car as he was walking down the street approximately two miles from the scene of the robberies. The officers advised appellant that they wished to speak to him, and immediately upon getting out of the automobile, one of the officers “patted” the front of appellant’s shirt, finding a .32 caliber revolver. The revolver was not in the officer’s plain view at the time of the “pat”. Appellant was arrested for carrying a concealed firearm.
Appellant contends the trial court committed reversible error in failing to suppress the evidence obtained as the result of appellant’s detention and “pat down”. We agree and reverse.
We believe this case to be controlled by this Court’s decision in St. John v. State, 363 So. 2d 862 (Fla. 4th DCA 1978) where we held that, “[i]n order for a BOLO to justify such a stop there must be some showing by the State at a suppression hearing that the information contained in the BOLO was reliable”. Here, there was a total lack of such evidence. There was no testimony at the suppression hearing concerning the source of the information contained in the BOLO. In fact, the testimony indicated that the BOLO was unreliable in that a witness to one of the previous robberies testified that the alleged robber had straight, coal black hair down to his shoulders which was not maintained in a pony tail. At a lineup, none of the witnesses to the robberies was able to identify appellant as the alleged perpetrator. Moreover, the appellant was walking down a public street at a time remote from the robberies, in a vicinity that was distant from the scenes of the robberies. He fully cooperated with the police when they stopped him and there was nothing suspicious in his appearance. Absent a reliable BOLO, the facts known to the police at the time they detained appellant were simply insufficient to form the basis for a reasonable suspicion pursuant to Section 901.151 Florida Statutes (1977). The evidence adduced at the suppression hearing failed to establish the reliability of the BOLO. Compare, State v. Hetland, 366 So. 2d 831 (Fla. 2nd DCA 1979). The motion to suppress should have been granted.
REVERSED AND REMANDED.
ANSTEAD and BERANEK, JJ., concur.
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Citator
Cited By
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State v. Webb, 398 So. 2d 820 (Fla. 1981)…ALDERMAN, Justice. We have for review the decision of the District Court of Appeal, Fourth District, in Webb v. State, 384 So. 2d 210 (Fla. 4th DCA 1980), which conflicts with Hetland v. State, 387 So. 2d 963 (Fla.1980),1 and Byrd v. State, 380 So. 2d 457 (Fla. 1st DCA 1980). The issue before us is whether information given the police from an apparently anonymous informant2 under…
Authorities Cited
- State v. Hetland, 366 So. 2d 831 (Fla. 2d DCA 1979)
- ST. John v. State, 363 So. 2d 862 (Fla. 4th DCA 1978)