LORENZO ANDREWS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the tag light must be illuminated whenever the headlights are on, regardless of the time of day, validating the traffic stop.
A trooper stopped appellant's vehicle for a non-operational tag light observed six minutes before sunset. A subsequent search yielded cocaine. Appella…
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WARNER, Judge.
Appellant’s vehicle was stopped by a Florida Highway Patrol Trooper six minutes before sunset on the Florida Turnpike when the trooper observed that the appellant’s vehicle lights were on but the tag light was not operational. Subsequent to the stop, probable cause for a search of the vehicle arose. The search resulted in the seizure of cocaine.
Appellant moved to suppress the cocaine claiming that section 316.217, Florida Statutes (1987) did not require the lights to be on prior to sunset. Therefore, he argued that the stop was invalid, and that the cocaine seized as a result of the stop and subsequent search is inadmissible. Kayes v. State, 409 So. 2d 1075 (Fla. 2d DCA 1982). However, appellant overlooks section 316.221(2), Florida Statutes (1987) which provides in part:
Any taillamp or taillamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted, [emphasis supplied]
The statute clearly calls for the tag light to be on whenever the headlights are on, whether that be prior to sunset or after sunset. The language of the statute is clear and without ambiguity; therefore, the statute must be given its plain and obvious meaning. Holly v. Auld, 450 So. 2d 217 (Fla.1984).
The trooper, having observed a violation of the statute, was acting in áccordance with the law to stop the appellant. Pursuant to this legal stop, probable cause for a search arose, and the cocaine seized as a result is admissible.
Based upon the evidentiary record, we find no merit in appellant’s claim that this was a pretext stop. Therefore, the trial court’s denial of appellant’s motion to suppress is affirmed.
STONE and POLEN, JJ., concur.
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Indialantic Police Dep't v. Zimmerman, 677 So. 2d 1307 (Fla. 5th DCA 1996)…and should have dealt with the Fourth Amendment issues at the preliminary hearing in this case, we disagree with its conclusion that there was no probable cause to search the truck. A missing tag light is a proper basis for a stop. Andrews v. State, 540 So. 2d 210 (Fla. 4th DCA 1989); §§ 316.217, 316.221, Fla. Stat. (1993); Whren and Brown v. United States, — U.S.-, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996). When Officer Baker was given an improper registration for the vehicle, he had grounds to detain and arrest…
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State v. Russell, 557 So. 2d 666 (Fla. 2d DCA 1990)…ence of a valid basis for the stop. The officers noticed the traffic violation and had not been looking for a reason to stop this particular person or vehicle. Further, the officers did cite Russell for the tag light violation. See Andrews v. State, 540 So. 2d 210 (Fla. 4th DCA 1989) (stop for a nonoperational tag light was a valid stop); see also State v. Renda, 553 So. 2d 373 (Fla. 2d DCA 1989) (temporary detention for failing to stop at a stop sign was not an illegal detention); Moreland v. State, 552 So.…
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State v. Bryant Michael Eubanks, 609 So. 2d 107 (Fla. 4th DCA 1992)…on an expired tag is permissible, as long as the officers were not looking for a reason to stop the vehicle. E.g., Russell, 557 So. 2d at 667 (valid stop where officers noticed broken tag light and cited driver for the violation); Andrews v. State, 540 So. 2d 210 (Fla. 4th DCA 1989) (traffic stop for a broken tag light is permissible); compare Taswell, 560 So. 2d at 257 (once defendant was properly stopped for a traffic violation, use of a drug-sniff dog was not an unconstitutional search under the Fourth Am…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Eugene Holly, M.D. v. Albert W. Auld, M.D., 450 So. 2d 217 (Fla. 1984)
- Kayes v. State, 409 So. 2d 1075 (Fla. 2d DCA 1981)