STATE OF FLORIDA, APPELLANT,
v.
CAROLYN M. DELANEY, APPELLEE
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LEHAN, Judge.
We affirm the trial court’s suppression of evidence seized upon an unlawful stop of the car in which defendant was a passenger. The car was parked during daylight hours in a parking lot of a bar in an area where narcotics were known to be distributed. The arresting officer had seen no more activity involving the car than that a man approached, leaned into, and walked away from the car. Thus, the stop was based upon no more than a bare suspicion. See Cobb v. State, 511 So. 2d 698 (Fla. 3d DCA 1987); Carter v. State, 454 So. 2d 739 (Fla. 2d DCA 1984); State v. Beja, 451 So. 2dx 882 (Fla. 4th DCA 1984).
We agree with the trial court that the defendant properly challenged the stop, Beja, and that Dean v. State, 478 So. 2d 38 (Fla.1985), effectively overruled Kayes v. State, 409 So. 2d 1075 (Fla. 2d DCA 1981), petition for rev. denied, 424 So. 2d 762 (Fla.1982), to the extent that Kayes held that a passenger in a car has no standing to challenge the stop of the car. See Delaware v. Prouse, 440 U.S. 648, 662, 99 S.Ct. 1391, 1400-01, 59 L.Ed.2d 660, 672-73 (1979).
Affirmed.
SCHOONOVER, A.C.J., and FRANK, J., concur.
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Citator
Cited By (13 total)
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State v. Hoover, 520 So. 2d 696 (Fla. 4th DCA 1988)…crime area insufficient ground to justify his detention). A police officer does not possess a founded suspicion that criminal activity is occurring when he merely observes a pedestrian leaning into a car in a high crime area. See State v. Delaney, 517 So. 2d 696 (Fla. 2d DCA 1987); Kearse v. State, 384 So. 2d 272 (Fla. 4th DCA 1980). Here, the state failed to show that the deputy had a sufficient basis upon which to reach a founded suspicion that criminal activity was occurring or about to occur, and thus…
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Peabody v. State, 556 So. 2d 826 (Fla. 2d DCA 1990)…h crime area and talk to the occupant may have a bare suspicion of criminal activity, but he does not have a founded suspicion. State v. Hoover, 520 So. 2d 696 (Fla. 4th DCA 1988); Mosley v. State, 519 So. 2d 58 (Fla. 2d DCA 1988); State v. Delaney, 517 So. 2d 696 (Fla. 2d DCA 1987). The fact that the occupant of the car extended his hand does not' raise the suspicion to a founded suspicion. See Mosley. The trial court, therefore, erred in denying the appellant’s motion to suppress. We, accordingly, reverse…
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Harol Castillo v. State, 536 So. 2d 1134 (Fla. 2d DCA 1988)…river’s license, there must be deemed to have been a continued, illegal detention which was the equivalent of an illegal stop of the car which led to the discovery of the bag. See Wulff v. State, 533 So. 2d 1191 (Fla. 2d DCA 1988); State v. Delaney, 517 So. 2d 696 (Fla. 2d DCA 1987) (a passenger in an illegally stopped car, the search of which produced evidence used against the passenger in a criminal prosecution, is entitled to move to suppress the evidence on the basis of the illegal stop). To the extent de…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Delaware v. Prouse, 440 U.S. 648 (U.S. 1979)
- LaMarcus Edward Carter v. State, 454 So. 2d 739 (Fla. 2d DCA 1984)
- Dean v. State, 478 So. 2d 38 (Fla. 1985)
- Cobb v. State, 511 So. 2d 698 (Fla. 3d DCA 1987)
- Kayes v. State, 409 So. 2d 1075 (Fla. 2d DCA 1981)