ROGER MOSS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court affirmed the conviction and sentence of Roger Moss, holding that the police had reasonable suspicion for a temporary stop, voluntary consent for a search of his bag, probable cause to arrest him for possession of stolen property, and lawfully obtained fingerprints. The court found no Fourth Amendment violations.
The court held that the temporary stop was based on reasonable suspicion, the search was consensual, the arrest was based on probable cause, and the fingerprints were lawfully obtained. Therefore, the seizure of evidence and fingerprints was lawful.
[1] A temporary police stop of a person is reasonable under the Fourth Amendment when based on reasonable suspicion.
[2] A search is reasonable under the Fourth Amendment when the person voluntarily consents to the search.
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 police temporarily stopped the defendant Roger Moss based on reasonable suspicion, and, accordingly, the said temporary stop was a reasonable seizure of the person under the Fourth Amendment”
Establishes the legality of the initial stop.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePolice temporarily stopped Roger Moss based on reasonable suspicion. Moss then voluntarily consented to a search of his bag, which contained a drill, …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Loitering And Prowling cases and more on FLexlaw
PER CURIAM.
The final judgment of conviction and sentence under review is affirmed upon a holding that (a) the police temporarily stopped the defendant Roger Moss based on reasonable suspicion, and, accordingly, the said temporary stop was a reasonable seizure of the person under the Fourth Amendment; Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Bell, 382 So. 2d 119 (Fla.3d DCA 1980); State v. Stevens, 354 So. 2d 1244 (Fla. 4th DCA 1978), (b) the defendant Roger Moss voluntarily consented to a search of a bag held by him which revealed the presence of a drill, adding machine, and coins, thereby making the said search reasonable under the Fourth Amendment; Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); Denehy v. State, 400 So. 2d 1216, 1217 (Fla.1980); Pastor v. State, 498 So. 2d 962, 964 (Fla. 4th DCA 1986); State v. Fuksman, 468 So. 2d 1067, 1068-69 (Fla.3d DCA 1985), (c) the police had probable cause to believe that the property in the defendant’s bag was stolen and, accordingly, had probable cause to arrest the defendant for unlawful possession of stolen property, and to seize said property, which lawful arrest is in no way affected by the arresting officer’s decision to characterize the arrest as one for loitering and prowling; Wright v. State, 471 So. 2d 155, 158 (Fla.3d DCA 1985); Thomas v. State, 395 So. 2d 280, 281 (Fla.3d DCA 1981); Gibson v. State, 368 So. 2d 667, 668 (Fla.3d DCA 1979); Hoskins v. State, 208 So. 2d 145, 146 (Fla.3d DCA), cert. denied, 214 So. 2d 622 (Fla.1968); see D.A. v. State, 471 So. 2d 147 (Fla.3d DCA 1985), (d) the police lawfully obtained fingerprints from the defendant Roger Moss after lawfully arresting him; see Davis v. Mississippi, 394 U.S. 721, 89 S.Ct. 1394, 22 L.Ed.2d 676 (1969); Bynum v. United States, 107 U.S.App.D.C. 109, 274 F. 2d 767 (1960), and (e) the trial court correctly denied the motion to suppress the physical evidence and fingerprints seized from the defendant herein.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Scott, 641 So. 2d 517 (Fla. 3d DCA 1994)…3 So. 2d at 595. Having established that probable cause existed to arrest for burglary, we note that the arrest is not rendered unlawful by the fact that the officers initially characterized the offense as loitering and prowling. See Moss v. State, 512 So. 2d 328 (Fla. 3d DCA 1987); State v. Irvin, 483 So. 2d 461 (Fla. 5th DCA), review denied, 491 So. 2d 279 (Fla.1986); Wright v. State, 471 So. 2d 155 (Fla. 3d DCA 1985). Accordingly, because the police did have reasonable suspicion to temporarily detain the…
-
Hawxhurst v. State, 159 So. 3d 1012 (Fla. 3d DCA 2015)…rtain offense exists, the validity of an arrest does not turn on the fact that an arrest was effected on another charge”). See also D.S. v. State, 122 So. 3d 482 (Fla. 3d DCA 2013); Freeman v. State, 909 So. 2d 965 (Fla. 3d DCA 2005); Moss v. State, 512 So. 2d 328 (Fla. 3d DCA 1987). Because we affirm on this basis, we do not address the merits of the State’s cross-appeal. Appeal affirmed. Cross-appeal dismissed as moot. . See Fla. R. App. P. 9.140(b)(2)(a)(i). . See § 901.15(6), Fla. Stat. (2014) (author…
-
Antela v. State, 514 So. 2d 423 (Fla. 3d DCA 1987)…nder circumstances warranting an immediate concern for the safety of persons or property in the vicinity). The officer had a reasonable basis to stop Antela temporarily. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Moss v. State, 512 So. 2d 328 (Fla. 3d DCA 1987). No search and no detention occurred until after the officer learned of the outstanding warrant and had lawfully arrested Antela. The subsequent search was, therefore, proper as incident to a lawful arrest. For this reason, I wo…
Authorities Cited (15 total)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968)
- Schneckloth v. Bustamonte, 412 U.S. 218 (U.S. 1973)
- Davis v. Mississippi, 394 U.S. 721 (U.S. 1969)
- State v. Stevens, 354 So. 2d 1244 (Fla. 4th DCA 1978)
- D.A. v. State, 471 So. 2d 147 (Fla. 3d DCA 1985)
- Denehy v. State, 400 So. 2d 1216 (Fla. 1980)
- Thomas v. State, 395 So. 2d 280 (Fla. 3d DCA 1981)
- State v. Fuksman, 468 So. 2d 1067 (Fla. 3d DCA 1985)
- Clayborne Bynum v. United States, 274 F.2d 767 (D.C. Cir. 1960)
- State v. Bell, 382 So. 2d 119 (Fla. 3d DCA 1980)