THE STATE OF FLORIDA, APPELLANT,
v.
SANTIAGO TORRES, APPELLEE
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Florida's suppression order is reversed because police had reasonable suspicion to detain Torres pending victim identification, and the evidence (fingerprints, firearm, and in-court identification) was not a product of any unlawful detention.
Police had reasonable suspicion to temporarily detain Torres pending victim identification of an attempted armed robbery suspect, and evidence including fingerprints, a discarded firearm, and in-court identification was admissible because it was not the product of an unlawful detention.
[1] Evidence obtained after a temporary detention supported by reasonable suspicion is not suppressible merely because the stated grounds for arrest (loitering and prowling)…
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Join FLexlaw to unlock all legal intelligencePolice detained Torres in connection with an attempted armed robbery. A victim later arrived and identified him. Fingerprints matching those at the sc…
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SCHWARTZ, Judge.
The order of suppression is reversed in its entirety both because (a) notwithstanding they may not have been justified in arresting the defendant Torres for loitering and prowling, as they announced, see Thomas v. State, 395 So. 2d 280 (Fla. 3rd DCA 1981), the apprehending police officers had founded suspicion to support his being temporarily detained until the victim of an attempted armed robbery arrived and identified him, State v. Delgado, 402 So. 2d 41 (Fla. 3rd DCA 1981); Franklin v. State, 374 So. 2d 1151 (Fla. 3rd DCA 1979), cert. denied, 388 So. 2d 1113 (Fla.1980), after which there was probable cause for arrest; and (b) none of the matters involved in the order below— Torres’ fingerprint standards and those found at the scene of the offense, see State v. Tillman, 402 So. 2d 19 (Fla. 3rd DCA 1981); a firearm discarded by his co-defendant as they were being stopped, see, State v. Ferguson, 411 So. 2d 963 (Fla. 3rd DCA 1982); and the victim’s incourt identification, see United States v. Crews, 445 U.S. 463, 100 S.Ct. 1244, 63 L.Ed.2d 537 (1980); State v. Tillman, supra; State v. Maier, 378 So. 2d 1288 (Fla. 3rd DCA 1979) — was the product of or legally related to the initial stop and therefore should not have been suppressed even if that detention were deemed invalid.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- United States v. Crews, 445 U.S. 463 (U.S. 1980)
- Thomas v. State, 395 So. 2d 280 (Fla. 3d DCA 1981)
- Franklin v. State, 374 So. 2d 1151 (Fla. 3d DCA 1979)
- State v. Virchus Dane Tillman, 402 So. 2d 19 (Fla. 3d DCA 1981)
- MacKey v. State, 402 So. 2d 41 (Fla. 3d DCA 1981)
- Bialowas v. Nat'l R.R. Passenger Corp., 378 So. 2d 1288 (Fla. 3d DCA 1979)
- State v. Maier, 378 So. 2d 1288 (Fla. 3d DCA 1979)
- State v. Ferguson, 411 So. 2d 963 (Fla. 3d DCA 1982)