CLAUDE LEE IRONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Claude Irons appealed his armed robbery conviction, challenging the denial of his motion to suppress evidence obtained from a warrantless vehicle stop. The court reversed, finding that the trial judge erred in denying the suppression motion based on alleged legal insufficiency, and that the defendant had satisfied his burden to show absence of a warrant, shifting the burden to the state.
The court held that Irons' motion to suppress satisfied the procedural requirements and that the trial judge erred in denying it based on legal insufficiency. Once Irons showed the absence of a warrant, the burden shifted to the state to demonstrate that police acted within a recognized exception to the warrant requirement.
[1] A motion to suppress evidence must state the evidence sought to be suppressed, the reasons for suppression, and a general statement of facts.
[2] A defendant's motion to suppress evidence seized during a warrantless stop is legally sufficient if it alleges the absence of a warrant and articulable suspicion, thereby…
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Join FLexlaw to unlock all legal intelligence“Appellant was not required to state that the sheriff stopped him pursuant to a BOLO. Irons' sole burden was to show the absence of a warrant. At this point, the burden shifted to the state to demonstrate that the police acted within a recognized exception to the warrant requirement.”
Establishes the burden-shifting framework for suppression motions and clarifies what the defendant must plead.
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Join FLexlaw to unlock all legal intelligenceA deputy sheriff stopped Irons' vehicle without a warrant and detained him and two other occupants, then searched the vehicle. Irons filed a motion to…
The full statement of facts, procedural history, and disposition for this case are member content.
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RYDER, Judge.
Claude Irons appeals his conviction and sentence for armed robbery. We reverse.
After the state charged Irons with armed robbery, he filed a motion to suppress all evidence which a sheriff seized subsequent to a warrantless stop of the car appellant was driving. In his motion, Irons stated that a deputy sheriff stopped his car, detained him and two other occupants, and searched the vehicle. Irons further averred that the stop was unlawful because the deputy did not have an articulable suspicion which justified the stop of the vehicle.
At the hearing on the motion, the state requested the court to deny the motion on the ground of legal insufficiency. The state argued that the failure of the motion to include a pertinent fact which the defense knew, that the sheriff stopped appellant pursuant to a BOLO, failed to give the court sufficient grounds and facts upon which to make a proper decision. The state also argued that the facts within the motion were not detailed enough to shift the burden to the state, and that all of Irons’ allegations were mere conclusions of law. The court denied the motion to suppress, finding that it contained insufficient facts and merely conclusions of law.
Florida Rule of Criminal Procedure 3.190(h)(2) requires a motion to suppress to state the evidence sought to be suppressed, the reasons for suppression, and a general statement of facts. Irons’ motion listed in detail the evidence he sought to have suppressed. It stated that the stop was not justified by an articulable suspicion, and that, but for the stop, the search and seizure by the state would not have obtained the evidence. The motion also contained a general statement of facts concerning the stop. Appellant was not required to state that the sheriff stopped him pursuant to a BOLO. Irons’ sole burden was to show the absence of a warrant. At this point, the burden shifted to the state to demonstrate that the police acted within a recognized exception to the warrant requirement. Woolley v. State, 459 So. 2d 1101, 1102 (Fla.2d DCA .1984), petition for review denied, 466 So. 2d 218 (Fla.1985); Walker v. State, 433 So. 2d 644, 645 (Fla.2d DCA 1983). The trial judge erred in denying appellant’s motion to suppress based on the legal insufficiency of his motion.
Irons also complains that he was not permitted to present certain evidence on his behalf. We shall briefly address this issue because it is likely to recur in the new trial. As part of the state’s case Tre- mayne Jolly testified that he, Irons and a third person were each involved in the commission of the subject robbery. Later in the trial, Irons proffered several witnesses who testified that Jolly had told them that Irons had not participated in the robbery. Apparently on grounds of hearsay, the court refused to permit this testimony because the witnesses were unable to say that Tremayne specifically admitted committing the robbery himself. The court properly refused to permit the testimony but not for the reasons discussed at the trial. The testimony could have been introduced to impeach Jolly by prior inconsistent statements. § 90.608(l)(a), Fla.Stat. (1985). However, as presented, the testimony was inadmissible because of the failure to first afford Jolly an opportunity to explain or deny the prior statements. § 90.614(2).
Irons’ conviction is vacated, and the case is remanded for a new trial. See Greene v. State, 351 So. 2d 941 (Fla.1977). Prior to the trial, the court should conduct a full evidentiary hearing on the motion to suppress.
GRIMES, A.C.J., and CAMPBELL, J., concur.
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Mitchell v. State, 787 So. 2d 224 (Fla. 2d DCA 2001)…the ultimate determination of whether Butler had any drugs on his person.” Id. at 1130. In the absence of a search warrant, it is the government’s burden to establish, by proof, a recognized exception to the warrant requirement, see Irons v. State, 498 So. 2d 958 (Fla. 2d DCA 1986), here, probable cause. The State’s evidence failed to establish the C.I.’s veracity or reliability, and the State did not prove probable cause through the officers’ corroboration of criminal activity. Accordingly, the trial court…
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In the Interest of R.E., II v. State, 536 So. 2d 1125 (Fla. 1st DCA 1988)…ficer could draw inferences and make deductions that would raise a suspicion that the individual being stopped was engaged in wrongdoing. Tamer v. State, 484 So. 2d 583 (Fla.1986). The state carries the burden of making this showing. Irons v. State, 498 So. 2d 958 (Fla. 2d DCA 1986); St. John v. State, 363 So. 2d 862 (Fla. 4th DCA 1978). In the instant case, the state failed to carry its burden of showing that the stop was based upon reasonable suspicion. The state asserts that the officer who received Mr. D…
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The State of Fla. & Off. of Crim. Conflict & Civil Reg'l Counsel v. Public Defender, 12 So. 3d 798 (Fla. 3d DCA 2009)…ieved from other appeals, he [or she] should file a motion to withdraw in this court promptly upon [appointment]. Such motions will be considered on a case-by-case basis.... ” Crow v. State, 500 So. 2d 171, 172 (Fla. 1st DCA 1986); Haggins v. State, 498 So. 2d 958, 954 (Fla. 2d DCA 1986) (“The circuit courts can better determine on a case-by-case basis the possible prejudice to the defendants resulting from any delays....”). We find this reasoning persuasive and equally applicable to motions to withdraw made…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Greene v. State, 351 So. 2d 941 (Fla. 1977)
- Walker v. State, 433 So. 2d 644 (Fla. 2d DCA 1983)
- Woolley v. State, 459 So. 2d 1101 (Fla. 2d DCA 1984)