STATE OF FLORIDA, APPELLANT,
v.
BRIAN JOHNSON, APPELLEE
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The State appeals a trial court's suppression order in a criminal case involving a false driver's license and marijuana. The appellate court reverses, holding that the officer's initial stop and frisk, arrest, and search incident to arrest were all lawful.
The court held that the officer had well-founded suspicion of criminal activity and reasonable grounds under Florida's stop and frisk statute to detain Johnson and require identification. The arrest based on presenting a false driver's license was supported by probable cause, and the search incident to arrest was proper, making the discovery of marijuana lawful.
[1] A police officer may detain an individual and request identification when the officer has a well-founded suspicion of criminal activity and the individual appears to be a…
[2] An arrest is valid when based on probable cause.
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“the officer had a well-founded suspicion of criminal activity. Furthermore, it was apparent to the officer that appellee was a participant in that activity. Thus, DiBello had grounds under section 901.151(2), Florida Statutes (1979), Florida's "stop and frisk" law, to detain appellee and require identification from him.”
Establishes the legal basis for the initial stop and identification requirement
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOfficer DiBello was checking a Holiday Inn in a high-crime area when he observed a parked car with two occupants. Michael Costello stood outside the c…
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BOARDMAN, Acting Chief Judge.
The state appeals1 an order of the trial court granting appellee Brian Johnson’s motion to suppress certain tangible evidence and statements made by appellee subsequent to his arrest. We hold that the police action in this case was proper and therefore reverse.
According to the record, Officer DiBello of the Madeira Beach Police Department was checking a Holiday Inn due to the high crime rate there when he sighted a car with two occupants parked in the parking lot. Appellee was occupying the driver’s seat of the car. Standing outside of the car was one Michael Costello, who had what appeared to be an open beer can in his hand. At the time, the city had an ordinance which prohibited the possession of an open container of alcohol in a public place. As the officer approached Costello, Costello handed the beer to one of the occupants of the car. DiBello then approached the three and asked all of them for identification. Appel-lee tendered to the officer a false driver’s license. The officer then removed appellee from the car and arrested him for unlawful possession of a driver’s license. § 322.-212(1), Fla.Stat. (1979). He then searched the car and found a misdemeanor amount of marijuana in the unlocked glove compartment.
We hold that, prior to the detention and identification check of appellee, the officer had a well-founded suspicion of criminal activity. Furthermore, it was apparent to the officer that appellee was a participant in that activity. Thus, DiBello had grounds under section 901.151(2), Florida Statutes (1979), Florida’s “stop and frisk” law, to detain appellee and require identification from him. The arrest, which was based on probable cause, was also valid. Finally, the search incident to the arrest, which revealed the marijuana, was proper under New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), and Chapas v. State, 404 So. 2d 1102 (Fla. 2d DCA 1981).
Accordingly, we REVERSE and REMAND this cause to the trial court for further proceedings consistent with this opinion.
RYDER and DANAHY, JJ., concur. . This appeal is taken pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(B).
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United States v. Mastrangelo, 733 F.2d 793 (11th Cir. 1984)…Marino, the police had probable cause to arrest him for unlawful possession of a driver’s license. See Dell v. Louisiana, 468 F. 2d 324, 326 (5th Cir.1972); cert. denied, 411 U.S. 938, 93 S.Ct. 1904, 36 L.Ed.2d 400 (1973); see also State v. Johnson, 414 So. 2d 18 (Fla.Dist.Ct.App.1982). Accordingly, we hold that the district court did not err in refusing to suppress the evidence obtained as a result of Mas-trangelo’s two arrests by state authorities. [*800] III. SEPARATE CONVICTIONS AND SENTENCES Appellant…
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Authorities Cited
- New York v. Belton, 453 U.S. 454 (U.S. 1981)
- Vince Alan Chapas v. State, 404 So. 2d 1102 (Fla. 2d DCA 1981)