MICHAEL WAYNE HILL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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[*24] PER CURIAM.
The trial court erred in denying defendant’s motion to suppress because the police officers involved did not have the founded suspicion of criminal activity necessary to justify an investigatory stop. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); e.g., Carter v. State, 454 So. 2d 739 (Fla. 2d DCA 1984). The fact that the defendant was standing in the roadway at 5:00 A.M. in a high crime residential area and that he walked away into the darkness upon seeing the approaching police car, Cobb v. State, 511 So. 2d 698 (Fla. 3d DCA 1987), did not provide police more than a bare hunch that criminal activity was afoot. E.g., Carter, 454 So. 2d at 739. Neither was this a consensual citizen/police encounter since one officer involved testified that his partner advised the defendant to stop and to approach them. The officer further testified that the defendant was not free to leave. See, e.g., State v. Davis, 543 So. 2d 375 (Fla. 3d DCA 1989). Thus, the evidence seized as a result of the unlawful detention should have been suppressed.
Reversed.
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Lang v. State, 671 So. 2d 292 (Fla. 5th DCA 1996)…it a crime. See also § 901.151, Fla.Stat. (1998) (the Stop and Frisk Law). At this level, a citizen’s Fourth Amendment rights are triggered, and such a stop requires proof of a well-founded, articulable suspicion of criminal activity. Hill v. State, 561 So. 2d 23 (Fla. 2d DCA 1990); King v. State, 521 So. 2d 334 (Fla. 4th DCA 1988); State v. Crosby, 497 So. 2d 993 (Fla. 5th DCA 1986); Carter v. State, 454 So. 2d 739 (Fla. 2d DCA 1984). The third level of encounter involves an arrest. It must be supported by…
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Stanton v. State, 576 So. 2d 925 (Fla. 1st DCA 1991)…pendently justify the stop of the car. For instance, the “founded suspicion” standard is not satisfied by evidence of flight from approaching police, Johnson, 547 So. 2d at 702, flight in a high crime area, Gipson, 537 So. 2d at 1081, Hill v. State, 561 So. 2d 23, 24 (Fla. 3d DCA 1990), or observation of a pedestrian leaning into a car in a high crime area. Steele v. State, 561 So. 2d 638, 641 (Fla. 1st DCA 1990), State v. Hoover, 520 So. 2d 696, 698 (Fla. 4th DCA 1988). Moreover, Officer Nelson provided no…
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State v. Williams, 627 So. 2d 97 (Fla. 3d DCA 1993)…ing paper along street at 6:50 a.m.); State v. Jenkins, 566 So. 2d 926 (Fla. 2d DCA 1990) (Officer had founded suspicion to stop defendant where he was riding bicycle in early morning hours with a box overflowing with goods.); compare Hill v. State, 561 So. 2d 23 (Fla. 3d DCA 1990) (Officers did not have founded suspicion to stop defendant where defendant was simply standing in roadway in high crime area at 5:00 a.m.); Levin v. State, 449 So. 2d 288 (Fla. 3d DCA 1983) (Officer did not have founded suspicion…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968)
- LaMarcus Edward Carter v. State, 454 So. 2d 739 (Fla. 2d DCA 1984)
- Cobb v. State, 511 So. 2d 698 (Fla. 3d DCA 1987)
- State v. Davis, 543 So. 2d 375 (Fla. 3d DCA 1989)