ADILA RIVERA,
v.
THE STATE OF FLORIDA,
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.
The appellate court affirmed a conviction for carrying a concealed firearm while intoxicated. The court held that officers had reasonable suspicion to seize the defendant's bag based on the totality of the circumstances, including a report of shots fired and the defendant's intoxication.
No, the trial court did not err in denying the motion to suppress. The officers had reasonable suspicion to seize Ms. Rivera's bag based on the totality of the circumstances, which included the report of shots fired, the discovery of bullet casings, and Ms. Rivera's apparent intoxication.
[1] Reasonable suspicion exists when officers have a totality of the circumstances, including reports of shots fired, discovery of bullet casings, and a suspect's intoxicatio…
[2] A person's voluntary statement admitting to possessing a firearm, coupled with intoxication and proximity to a scene of reported gunshots, can contribute to reasonable su…
Previewing 2 of 4 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“Based on these circumstances, the officers had a reasonable suspicion that Ms. Rivera violated section 790.151, Florida Statutes.”
This quote establishes the legal basis for the officers' actions and the court's affirmation of the denial of the motion to suppress.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOfficers responded to a "Shotspotter" alert and found bullet casings and holes at a residence. The defendant, Adila Rivera, approached the officers, a…
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.
Explore caselaw by topic → Browse Reasonable Suspicion cases and more on FLexlaw
LOGUE, J.
Adila Rivera appeals her conviction for unlicensed carrying of a concealed firearm, contending that the trial court erred in denying her motion to suppress.
We affirm the conviction. The relevant facts are not in dispute: On August 20, 2020, officers were dispatched to investigate a “Shotspotter” alert.1 Upon arriving at the scene, the officers found bullet casings in the curtilage of a house and observed bullet holes near the front door. Ms. Rivera subsequently appeared at the scene and voluntarily approached the officers. She appeared intoxicated and smelled of alcohol. She told the officers her boyfriend resided at the house, and that she had been having problems with him, repeating at various time that he had been unfaithful. During the exchange, Ms. Rivera spontaneously stated that she had a firearm in her bag. One of the officers then stated, “Do me a favor. Hand me your bag. Just for safety reasons.” The officer testified at the suppression hearing that she sought to secure Ms. Rivera’s bag based on a totality of the circumstances, including (1) the officers were responding to a report of shots fired, (2) they found bullet casings at the scene, and (3) Ms. Rivera appeared intoxicated and smelled of alcohol. After taking the bag from Ms. Rivera, the officer asked her if she could remove the gun from the bag to safely secure it. Ms. Rivera consented. Based on these circumstances, the officers had a reasonable suspicion that Ms. Rivera violated section 790.151, Florida Statutes.
Section 790.151 makes it unlawful for any person who is under the influence of alcoholic beverages to use a firearm. See also Brinegar v. State, 327 So. 3d 1274, 1275-76 (Makar, J., concurring) (Fla. 1st DCA 2021) (stating circumstantial evidence including police officers’ observations that defendant had slurred speech and reeked of alcohol was sufficient to support jury finding that defendant used firearm while under the influence).
Accordingly, the trial court properly denied Ms. Rivera’s motion to suppress.
Affirmed.