DEXTER MORRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1988-02-03
No. 87-1067
RYDER, A.C.J., and LEHAN, J., concur.
519 So. 2d 706 Florida District Court of Appeal, Second District (1988) Caution
Cited by 20 cases

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.

Synopsis

Dexter Morris was arrested for cocaine and marijuana possession after officers stopped him in a high-crime area without founded suspicion and discovered contraband during a pat-down search. The court reversed his conviction, holding that the initial detention was unconstitutional because presence in a high-crime area alone cannot establish the founded suspicion required for a stop.


Holding

The court held that the officers' detention of Morris was unlawful because presence in a high-crime area, by itself, does not establish the founded suspicion required to justify a temporary investigative detention under the Fourth Amendment.


Headnotes

[1] A law enforcement officer may temporarily detain a person for investigation only if the officer has a founded suspicion that the person has committed, is committing, or i…

[2] A founded suspicion for detention requires a factual basis derived from the officer's observations and knowledge.

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

Key Quotes

“Presence in a high crime area, by itself, is not a circumstance which will raise an officer's suspicion to the level of a founded suspicion.”

Establishes the core legal principle that location alone cannot justify a stop

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Officers on routine patrol in an unmarked car encountered Morris and another person at 11:47 p.m. in an alley known for drug trafficking. Morris was n…

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.


Opinion of the Court
HALL, Judge.

HALL, Judge.

Dexter Morris appeals from his judgment and sentences for possession, of ,co caine and marijuana. He contends that his motion to suppress the contraband should have been granted. We agree and reverse.

The following facts were revealed through the deposition testimony of Officer Nancy Brooks. While on routine patrol in an unmarked car, she and Officer R.F. Lyons came upon the appellant and another person at 11:47 p.m., in an alley, in an area known for drug trafficking. The appellant was not a suspect in drug activity, and the officers saw no evidence that he was engaged in a drug transaction. Brooks spoke with the appellant and patted him down to see if he had any weapons. She felt a bulge in his pocket and asked him what it was. The appellant reached into his pocket and pulled out a tissue, from which a small plastic bag fell on the ground. The appellant stepped on the bag. Officer Lyons picked up the bag and found in it a half of a marijuana cigarette and some white powder. The appellant was then placed under arrest. The officers ran presumptive tests on the substances in the plastic bag, and the tests confirmed that the substances were marijuana and cocaine. Officer Brooks searched the appellant further and found another small plastic bag containing .6 grams of cocaine.

Officer Brooks stated that “the area is known for drug traffic, so we went to stop and F.I.R. [field interrogation report] the subjects, talk to them.... I was aware that is a busy [drug] traffic area on 9th Street, and that is why I stopped him.”

The appellant filed a motion to suppress all of the evidence seized from his person on the ground that the reason he was stopped does not constitute an exception to the constitutional requirement for a search warrant. At the hearing on the motion the state argued that the appellant had voluntarily abandoned the plastic bag and consequently could not assert his fourth amendment rights with regard to it. The trial court denied the appellant’s motion on the basis of the state’s argument.

At the appellant’s sentencing hearing the appellant pled no contest to both charges, reserving his right to appeal the denial of his motion to suppress. The trial court sentenced the appellant to three years’ probation for each count, the terms to run concurrently.

In this appeal the appellant reiterates the argument made at the hearing on the motion to suppress. The state contends that the plain view doctrine supports the trial court’s denial of the motion. Because we find that the appellant was illegally detained, it is not necessary to reach the state’s argument.

A law enforcement officer may temporarily detain a person for purposes of investigation if he has a founded suspicion that that person has committed, is committing, or is about to commit a crime. G.J.P. v. State, 469 So. 2d 826 (Fla.2d DCA 1985). “A ‘founded suspicion’ is one which has some factual foundation in the circumstances observed by the officer when those circumstances are interpreted in light of the officer’s knowledge.” Id. at 827. Presence in a high crime area, by itself, is not a circumstance which will raise an officer’s suspicion to the level of a founded suspicion. G.J.P. Because there was no lawful basis for the officers’ detention of the appellant, the evidence seized from the appellant should have been suppressed. Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963); Carter v. State, 454 So. 2d 739 (Fla. 2d DCA 1984).

Accordingly, we reverse the appellant’s judgment and sentences and remand this cause with directions to discharge the appellant for the instant offenses.

RYDER, A.C.J., and LEHAN, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Jordan v. State, 544 So. 2d 1073 (Fla. 2d DCA 1989)
    …er Smith stopped the two men merely because they were in an area of known drug activity. This is an insufficient factual basis to constitute a founded suspicion that criminal activity had been committed or was about to be committed. Morris v. State, 519 So. 2d 706 (Fla.2d DCA 1988); G.J.P. v. State, 469 So. 2d 826 (Fla.2d DCA 1985). The stop was, therefore, illegal. The state argues that the search may be upheld even if the stop was illegal because the appellant consented to the pat-down search. However, sin…
  • Jones v. State, 570 So. 2d 433 (Fla. 5th DCA 1990)
    …9). The fact that a person is merely in a known drug area is an insufficient basis to constitute a founded suspicion. G.J.P. v. State, 469 So. 2d 826 (Fla. 2d DCA 1985). See also Jordan v. State, 544 So. 2d 1073 (Fla. 2d DCA 1989); Morris v. State, 519 So. 2d 706 (Fla. 2d DCA 1988). Flight from an officer in a high crime area is also insufficient to give rise to a founded suspicion. Cobb v. State, 511 So. 2d 698 (Fla. 3d DCA 1987). See also Gipson v. State, 537 So. 2d 1080 (Fla. 1st DCA 1989); Bastien v. Sta…
  • Curry v. State, 570 So. 2d 1071 (Fla. 5th DCA 1990)
    …in turn, gave the police sufficient grounds to stop and arrest the defendants. Only when the police begin an actual physical search of a suspect does abandonment become involuntary and tainted by an illegal search and seizure. See Morris v. State, 519 So. 2d 706 (Fla. 2d DCA 1988). Nor can the police, after making an illegal stop, order a defendant to empty his pockets or open his fist, without founded suspicion. Daniels v. State, 543 So. 2d 363 (Fla. 1st DCA 1989); State v. Crum, 536 S.W. 2d 507 (Mo.App.19…

Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw