STATE OF FLORIDA, APPELLANT,
v.
DERRICK WORTHINGTON, APPELLEE
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The State appealed a trial court's suppression order in a drug case. The appellate court reversed, holding that police had reasonable suspicion to conduct a frisk based on the defendant's known violent history, recent suspicious conduct, and visible bulges in his jacket pockets.
The court held that the stop and frisk were lawful based on the totality of the circumstances. The officers had sufficient reasonable suspicion to frisk the defendant because of his known violent history, recent suspicious activity, and the visible bulges in his pockets that suggested he might be armed. The cocaine's discovery as a result of the defendant's resistance to the lawful frisk was not suppressible.
[1] A law enforcement officer may lawfully detain and frisk a person if the officer has a reasonable belief that the person is armed.
[2] A reasonable belief that a person is armed may be based on the totality of the circumstances, including prior knowledge of the person's involvement in violent crimes and…
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 Florida Supreme Court, following Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), has interpreted the stop and frisk law to permit an officer to frisk a detained person whom he reasonably believes is armed.”
Establishes the legal standard for frisk authority under Florida law
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOrlando police officers responded to a domestic violence call involving a black male allegedly 'slapping around' a woman. Upon arrival, they observed …
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GOSHORN, Judge.
The trial court granted Derrick Wor-thington’s motion to suppress. The State appeals. We reverse. The testimony taken at the motion to suppress hearing revealed the following scenario: Orlando police officers, Bell and Medvec, were dispatched to a scene in which a black male was reportedly “slapping around” a woman, later identified as Shandra Collins. When they arrived they observed a black male, whom Officer Bell personally knew as appellee, grab Shandra by the neck and whisper something in her ear. As the officers exited their car, appel-lee informed them that Shandra had called the police, but said that now everything was “calm”. At this point, Officer Bell observed bulges in two of the three pockets of appellee’s jacket.
Appellee was well known to Officer Bell. The Thursday prior to this incident, Bell had attempted to stop appellee in his vehicle. Appellee had fled in the vehicle, then abandoned it and escaped on foot. Further, an investigator had informed Officer Bell that appellee was suspected of shooting a person. Also, Officer Bell had recently arrested a man on a drug violation and the man told Bell that he had been abducted by appellee at gunpoint, placed in the trunk of appellee’s Cadillac and driven around Orlando as appellee attempted to persuade the man to sell drugs for him.
Based on the information he had received about appellee and the bulges he perceived in appellee’s jacket, Officer Bell expressed his belief that appellee might be armed. Officer Bell informed appellee that he was going to pat him down. The officers separated Shandra and appellee. As Officer Bell patted down appellee, he felt a hard object in one pocket and a smaller, softer object in front of it. Officer Bell stated the hard object felt like a .25 handgun. As Officer Bell started to reach for the object, appellee broke away. Officer Bell grabbed appellee’s jacket by the pocket and two bags of cocaine fell out.
The determination of the motion to suppress turns on whether Worthington’s detention was legally permissible under Florida’s “stop and frisk” law, § 901.151, Florida Statutes (1987). The Florida Supreme Court, following Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), has interpreted the stop and frisk law to permit an officer to frisk a detained person whom he reasonably believes is armed. State v. Webb, 398 So. 2d 820 (Fla.1981). Likewise, a search by an officer who has information that a defendant is armed and sees a bulge in the defendant’s rear pocket is reasonable. McNamara v. State, 357 So. 2d 410 (Fla.1978). See also, Bentley v. State, 411 So. 2d 1361 (Fla. 5th DCA 1982), review denied, 419 So. 2d 1195 (Fla.1982); Carter v. State, 370 So. 2d 1181 (Fla. 4th DCA 1979), cert. denied, 378 So. 2d 343 (Fla.1979); Phillips v. State, 360 So. 2d 1310 (Fla. 1st DCA 1978), cert. denied, 368 So. 2d 1372 (Fla.1979); Brown v. State, 358 So. 2d 596, (Fla. 2d DCA 1978); State v. Francois, 355 So. 2d 127 (Fla. 3d DCA 1978), cert. denied, 361 So. 2d 832 (Fla.1978).
The totality of the circumstances in this case provided these law enforcement officers with a sufficient basis to stop and frisk appellee to determine if he was, in fact, armed. It was appellee’s resistance to the lawful detention and pat-down which resulted in the cocaine falling out of his jacket. Suppression of this evidence constituted error. REVERSED and REMANDED.
DAUKSCH and DANIEL, JJ., concur.
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Huffman v. State, 937 So. 2d 202 (Fla. 1st DCA 2006)…he police,, under theory of abandonment, where illegal stop and seizure was terminated once defendant ran off, so that bag thrown while fleeing was not discarded while defendant was “seized” within meaning of Fourth Amendment); State v. Worthington, 543 So. 2d 1313 (Fla. 5th DCA 1989) (holding that bags of cocaine -that fell out of shooting suspect’s pockets when suspect resisted lawful detention and pat-down were admissible). .Because Huffman established no legitimate ground for the contraband to be suppresse…
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Curry v. State, 570 So. 2d 1071 (Fla. 5th DCA 1990)…Fla. 1st DCA 1989); Bastien v. State, 522 So. 2d 550 (Fla. 5th DCA 1988). Had there been other additional circumstances, Harting could have been justified in making an investigatory stop, and thereafter searching for a weapon. State v. Worthington, 543 So. 2d 1313 (Fla. 5th DCA 1989); State v. Stevens, 354 So. 2d 1244 (Fla. 4th DCA 1978). And had there been more than a founded suspicion, so as to justify an arrest, Curry could have been searched for cocaine as well. See Conti v. State, 540 So. 2d 934 (Fla. 1s…
Authorities Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968)
- State v. Webb, 398 So. 2d 820 (Fla. 1981)
- McNAMARA v. State, 357 So. 2d 410 (Fla. 1978)
- Bentley v. State, 411 So. 2d 1361 (Fla. 5th DCA 1982)
- Brown v. State, 358 So. 2d 596 (Fla. 2d DCA 1978)
- State v. Francois, 355 So. 2d 127 (Fla. 3d DCA 1978)
- Carter v. State, 370 So. 2d 1181 (Fla. 4th DCA 1979)
- Phillips v. State, 360 So. 2d 1310 (Fla. 1st DCA 1978)