LESTER BYRON MCCLENDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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McClendon appealed the denial of his motion to suppress evidence of a firearm found during a traffic stop. The Florida District Court of Appeal affirmed, holding that the stop was lawful under section 901.18 because Officer Baxter was authorized to aid Officer McDonald in stopping the motorcycle, and the subsequent frisk was justified by the circumstances including the time of day, officer being alone, and a visible bulge in McClendon's pocket.
The stop was lawful under section 901.18, which authorizes a peace officer to command aid from others who then have the same arrest authority as that officer. The frisk was justified under the circumstances, specifically because of the early morning hour, the fact that Officer Baxter was alone, and the visible bulge in McClendon's pocket.
[1] A peace officer making a lawful arrest may command the aid of persons deemed necessary to make the arrest, and such persons shall have the same authority to arrest as the…
[2] A peace officer may arrest a person without a warrant for a violation of chapter 316 committed in the officer's presence.
Previewing 2 of 4 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“A peace officer making a lawful arrest may command the aid of persons he deems necessary to make the arrest. A person commanded to aid shall render assistance as directed by the officer. A person commanded to aid a peace officer shall have the same authority to arrest as that peace officer and shall not be civilly liable for any reasonable conduct in rendering assistance to that officer.”
Establishes the basis for Baxter's authority to stop the motorcycle based on McDonald's lawful observation of the traffic violation.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAt approximately 2:30 a.m., Officer McDonald observed a motorcycle run a red light and radioed Officer Baxter to stop the vehicle. Baxter stopped McCl…
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JOANOS, Judge.
At about 2:30 a.m. on November 14,1982, Officer McDonald, who had stopped his vehicle and was in the process of issuing a citation to a motorist, observed a motorcycle run a red light. McDonald radioed Officer Baxter, who had driven past McDonald a short time before, to “stop the black motorcycle coming from behind you.” Baxter stopped appellant, who was riding the only motorcycle Baxter saw, and then called McDonald to find out why he wanted him to stop the motorcycle. McDonald told Baxter he had seen the motorcycle run the red light and he wanted Baxter to issue a traffic citation. When Baxter approached appellant McClendon to issue the citation, he observed a medium-sized bulge in the pocket area of appellant’s jacket. Baxter patted the area, felt a hard object, and about that time the pocket fell open revealing a pistol. Baxter seized the pistol and arrested McClendon for carrying a concealed firearm and possession of a firearm by a convicted felon, and he was later adjudicated guilty of both offenses. Baxter also cited appellant for running the red light. Baxter later said that when he observed him, McClendon was complying with all traffic laws.
McClendon appeals the denial of his motion to suppress evidence, arguing that both the stop and the subsequent frisk were illegal. McClendon contends Baxter was not authorized to stop him for the traffic infraction because the violation did not occur in Baxter’s presence, therefore it was not authorized by Section 901.15(5), Florida Statutes,1 and it was a non-criminal infraction, see Section 318.14(1), Florida Statutes, therefore the stop was not authorized by Section 901.151, Florida Statutes.2
Although appellee’s brief is unresponsive to the issue of the significance of the violation being a non-criminal traffic infraction, we have concluded that the denial of the motion to suppress should be upheld on the authority of Section 901.18, which provides:
A peace officer making a lawful arrest may command the aid of persons he deems necessary -to make the arrest. A person commanded to aid shall render assistance as directed by the officer. A person commanded to aid a peace officer shall have the same authority to arrest as that peace officer and shall not be civilly liable for any reasonable conduct in rendering assistance to that officer. McClendon argues that even if the stop was valid, the frisk which led to the discovery of the firearm was not authorized because Baxter did not encounter him under circumstances indicating he had violated any criminal law, suggesting that only if he had moved his hand towards the pocket where the bulge was observed would Baxter have been justified in conducting a frisk. We disagree and conclude that the protective action taken by Baxter was justified under the circumstances, specifically because of the time of day, the fact that Officer Baxter was alone, and because of the visible bulge in McClendon’s pocket.
AFFIRMED.
LARRY G. SMITH and WENTWORTH, JJ., concur. . 901.15 When arrest by officer without warrant is lawful. — A peace officer may arrest a person without a warrant when:
(5) A violation of chapter 316 has been committed in the presence of the officer. Such arrest may be made immediately or on fresh pursuit.
. 901.151 Stop and Frisk Law.—
(2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county, he may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding his presence abroad which led the officer to believe that he had committed, was committing, or was about to commit a criminal offense.
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State v. Eldridge, 565 So. 2d 787 (Fla. 2d DCA 1990)…sary to make the arrest. A person commanded to aid shall render assistance as directed by the officer. A person commanded to aid a peace officer shall have the same authority to arrest as that peace officer (Emphasis added). See McClendon v. State, 440 So. 2d 52 (Fla.lst DCA 1983). See also State v. Kehoe, 498 So. 2d 560 (Fla. 4th DCA 1986), affirmed, 521 So. 2d 1094 (Fla.1988); Kirby v. State, 217 So. 2d 619 (Fla. 4th DCA 1969). Deputy Burton, who observed the defendant’s violation of chapter 316 and was…
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State v. Kehoe, 498 So. 2d 560 (Fla. 4th DCA 1986)…A stop by a police officer (Dusen-bery) who is acting at the direction of another officer (Null) is valid so long as the officer giving the direction has observed sufficient activity to form the basis for a founded suspicion. See McClendon v. State, 440 So. 2d 52 (Fla.1st DCA 1983); Crawford v. State, 334 So. 2d 141 (Fla.3d DCA 1976). The relevant “founded suspicion” here is that of the officers who actually observed the activities of Kehoe and De Vivo — Null, Hurt, and Williams. It is clear from applicable…
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State v. Holland, 680 So. 2d 1041 (Fla. 1st DCA 1996)…v. Rodriguez, 542 So. 2d 454, 455-56 (Fla. 3d DCA 1989). Pre-Kehoe cases likewise hold that running a stop sign or stop light is a valid reason for police to stop a vehicle. See Ferrara v. State, 101 So. 2d 797, 798 (Fla. 1958); McClendon v. State, 440 So. 2d 52, 53-54 (Fla. .1st DCA 1983); Crummie v. State, 367 So. 2d 1106, 1107 (Fla. 3d DCA 1979). Nothing in Kehoe rendered the running of a stop sign or stop light a trivial traffic offense. Indeed, such an offense is a moving violation that potentially thr…