MANUEL BASCOY AND ANGEL SOTOLONGO, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Where the defendants were stopped by an officer for minor traffic infractions of such a nature that any citizen committing them could have routinely been stopped, that the officer “possibly” would not have stopped defendants but for further suspicion that they were also engaged in criminal activity did not render it an unlawful “pretext” stop. See State v. Holmes, 256 So. 2d 32 (Fla. 2d DCA 1972), writ discharged on different issue, 273 So. 2d 753 (Fla.1973) (where defendant was observed by an officer to have committed an offense of a nature for which any citizen would have been arrested, the arrest for the traffic offense was not a “pretext” though officer also suspected that defendant was a robber). The other issues raised as error are without merit.
Affirmed.
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Hansbrough v. State, 509 So. 2d 1081 (Fla. 1987)…ity.” State v. Ogburn, 483 So. 2d 500, 501 (Fla. 3d DCA 1986). Moreover, stopping a person suspected of further criminal activity for a minor traffic infraction for which any citizen could be stopped is not an unlawful pretext stop. Bascoy v. State, 424 So. 2d 80 (Fla. 3d DCA 1982). The officer who arrested Hansbrough saw him make an illegal turn and observed that his car had a broken windshield. These are infractions for which any citizen could have been stopped notwithstanding the officer’s knowledge that…
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State v. Irvin, 483 So. 2d 461 (Fla. 5th DCA 1986)…have wished or even intended to detain a suspect for another reason does not invalidate an apprehension which follows the commission of a traffic or other offense which would subject any member of the public to a similar detention.1 Bascoy v. State, 424 So. 2d 80 (Fla. 3d DCA 1982); Crummie v. State, 367 So. 2d 1106 (Fla. 3d DCA 1979); State v. Turner, 345 So. 2d 767 (Fla. 4th DCA 1977); State v. Holmes, 256 So. 2d 32 (Fla. 2d DCA 1971). Applying these principles, we reverse the order under review which, on…
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Terrtric Doctor v. State, 573 So. 2d 157 (Fla. 4th DCA 1991)…icer “possibly would not have stopped the [*159] car but for further suspicion” does not render the stop “an unlawful ‘pretext’ stop.” State v. Kehoe, 498 So. 2d 560 (Fla. 4th DCA 1986), approved, 521 So. 2d 1094 (Fla.1988) (quoting Bascoy v. State, 424 So. 2d 80 (Fla. 3d DCA 1982)). THE ENCOUNTER We affirm the trial judge’s determination that the officers’ encounter with the appellant was lawful. When a police officer lawfully stops a car for a traffic infraction, his order to the driver or passenger to g…
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- State v. Holmes, 256 So. 2d 32 (Fla. 2d DCA 1971)
- Holmes v. State, 273 So. 2d 753 (Fla. 1972)