JOHN D. MOSLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant's detention was improper because the observed facts did not create a founded suspicion of criminal activity.
Police observed the appellant in a high crime area with a companion allegedly involved in drug dealing, walking but not away from officers, and with c…
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CAMPBELL, Acting Chief Judge.
Appellant, John D. Mosley, pled nolo con-tendré to possession of cocaine, reserving his right to appeal. He was sentenced to two years in prison. On appeal, he argues that the court should have granted his motion to suppress evidence of a piece of rock cocaine that the police seized when they arrested appellant.
Appellant maintains that he was improperly stopped and that the evidence resulting from that improper stop was thus tainted. We agree.
Appellant’s actions here did nothing to raise a founded suspicion in the officers’ minds. We have these four facts: (1) Appellant was in a high crime area; (2) appellant’s companion was allegedly a drug dealer; (3) appellant was walking, but not “away;” and (4) appellant’s fists were clenched in a nonthreatening manner. Mere presence in a high crime area will not raise founded suspicion of criminal activity justifying a temporary detention. G.J.P. v. State, 469 So. 2d 826 (Fla. 2d DCA 1985). Even running away from police in a high crime area is not enough to justify an investigative stop. Cobb v. State, 511 So. 2d 698 (Fla. 3d DCA 1987). The officers here admitted that appellant’s fists were clenched in a nonthreatening manner. Nothing was passed between appellant and his female companion. Merely talking to a drug dealer does not raise a founded suspicion of criminal activity. See McClure v. State, 358 So. 2d 1187 (Fla. 2d DCA 1978). These facts simply do not create a founded suspicion of criminal activity. The detention was improper. Since the detention was improper, the seizure of cocaine was also improper. We reverse and remand with instructions to discharge appellant for this offense. See McClure.
FRANK and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (27 total)
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Gipson v. State, 537 So. 2d 1080 (Fla. 1st DCA 1989)…rsation with another individual and walking briskly in the opposite direction); McClain v. State, 408 So. 2d 721 (Fla. 1st DCA 1982) (police stopped defendant only because he seemed to be avoiding them as he walked down the street); Mosley v. State, 519 So. 2d 58 (Fla. 2d DCA 1988) (defendant, in a high crime area, after talking with a known drug dealer, walked, but not away, with his fists clenched in a non-threatening manner; no exchange of money or drugs took place). Likewise, a quick movement by a person…
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Peabody v. State, 556 So. 2d 826 (Fla. 2d DCA 1990)…[*828] who observes a person approach a car in a high 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 appel…
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Johnson v. State, 610 So. 2d 581 (Fla. 1st DCA 1992)…rug problem, under these circumstances that fact did not raise a mere hunch to the level of founded suspicion. See Smith v. State, 592 So. 2d 1206, 1207-08 (Fla. 2d DCA 1992); Shackelford v. State, 579 So. 2d 306 (Fla. 2d DCA 1991); Mosley v. State, 519 So. 2d 58 (Fla. 2d DCA 1988) (reversing denial of suppression order where appellant clenched fists in nonthreatening manner and was accompanying purported drug dealer in high-crime area). Finally, simply having cash in his hand did not create a founded suspi…
Previewing 3 of 27 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- G.J.P. v. State, 469 So. 2d 826 (Fla. 2d DCA 1985)
- Cobb v. State, 511 So. 2d 698 (Fla. 3d DCA 1987)
- McCLURE v. State, 358 So. 2d 1187 (Fla. 2d DCA 1978)