JULIUS HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Julius Hall appealed his convictions for possession of cocaine and marijuana following a traffic stop and vehicle search. The Florida First District Court of Appeal affirmed the convictions, holding that the initial stop was valid, the weapons frisk was lawful, and the discovery of marijuana provided probable cause to search the entire vehicle.
The initial traffic stop was valid, the weapons frisk was justified by the suspicious movements observed, and the discovery of marijuana on the floorboard provided probable cause to search the entire vehicle, including the trunk and engine compartment.
[1] An anonymous tip providing specific details about individuals, a vehicle, and a location can establish reasonable suspicion for an investigatory stop.
[2] Suspicious movements by individuals during an investigatory stop may provide legal cause for officers to conduct a pat-down search of the individuals and the vehicle for…
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Join FLexlaw to unlock all legal intelligence“Once officers initiated the stop, the suspicious movement they observed provided legal cause to check the suspects and the car for weapons.”
Establishes that the officer's observations during the stop justified the weapons frisk
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn January 1988, police received an anonymous tip about two men selling crack cocaine in Alachua, describing their vehicle as a blue 1977 Oldsmobile w…
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BOOTH, Judge.
This cause is before us on appeal of appellant’s convictions for possession of cocaine and marijuana. For the following reasons, we affirm.
In January 1988, police received an anonymous tip that two men were selling crack cocaine in the City of Alachua. The tipster described the men as driving a 1977, four-door, blue Oldsmobile, and gave a license tag number. He also said that the men were at a location known as “The Log.” Marked and unmarked police cars immediately proceeded to The Log.
Officers soon found the described vehicle and ran a license tag check. They found it was registered to a different car. They then pulled the vehicle over and observed appellant and his codefendant passenger making suspicious movements as if to hide something. Both men exited the car and quickly approached officers with their hands in their pockets. Concerned for their safety, the officers ordered the pair to remove their hands from their pockets and patted them down for weapons. They then checked the car for weapons and found an open bag of marijuana on the front floorboard near the passenger seat. Officers arrested the two men and subsequently searched the trunk and the engine compartment. They found a loaded pistol, $2,700 in cash, more than 70 bags of marijuana, and more than 40 bags of cocaine.
Appellant concedes that the initial investigatory stop was valid. Once officers initiated the stop, the suspicious movement they observed provided legal cause to check the suspects and the car for weapons. State v. Lamb, 484 So. 2d 1368 (Fla. 2d DCA 1986); Hall v. State, 470 So. 2d 807 (Fla. 4th DCA 1985); Michigan v. Long, 463 U.S. 1032, 103 S.Ct. 3469, 77 L.Ed.2d 1201 (1983).
Once officers discovered marijuana on the floorboard during their valid weapons search, they had probable cause to believe that the vehicle contained contraband. This permitted them to search the entire vehicle, including its trunk and engine compartment, under United States v. Ross, 456 U.S. 798, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982). See also State v. Jarrett, 530 So. 2d 1089 (Fla. 5th DCA 1988); Beard v. State, 548 So. 2d 675 (Fla. 5th DCA 1989); Greene v. State, 532 So. 2d 1309 (Fla. 5th DCA 1988); Bennett v. State, 481 So. 2d 971 (Fla. 5th DCA 1986).
Appellant’s convictions and sentences are affirmed.
ERVIN and WENTWORTH, JJ., concur.
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State v. Raines, 576 So. 2d 896 (Fla. 2d DCA 1991)…arch. Lightbourne v. State, 438 So. 2d 380 (Fla.1983), cert. denied, 465 U.S. 1051, 104 S.Ct. 1330, 79 L.Ed.2d 725 (1984); Wilson; State v. Lamb, 484 So. 2d 1368 (Fla. 2d DCA 1986); State v. Louis, 571 So. 2d 1358 (Fla. 4th DCA 1990); Hall v. State, 562 So. 2d 714 (Fla. 1st DCA 1990). Since the defendant continually disobeyed the orders to remove his hands from under his seat, the officer who pulled the defendant out of the automobile was justified in physically removing him from the car to protect himself an…
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Snelling v. State, 591 So. 2d 246 (Fla. 4th DCA 1991)…s performing their duty in dangerous circumstances. Cf. State v. Dilyerd; Doctor v. State, 573 So. 2d 157 (Fla. 4th DCA 1991); Sierra v. State, 568 So. 2d 1338 (Fla. 4th DCA 1990); Stanley v. State, 559 So. 2d 460 (Fla. 4th DCA 1990); Hall v. State, 562 So. 2d 714 (Fla. 1st DCA 1990). There is no reason to paint the evidentiary fruits of a search resulting from an officer’s concern for safety with the same brush as those of a search incident to an unlawful arrest. In Dilyerd, an officer investigated a possib…
Authorities Cited
- United States v. Ross, 456 U.S. 798 (U.S. 1982)
- Michigan v. Long, 463 U.S. 1032 (U.S. 1983)
- State v. Freddy Sims, 530 So. 2d 1089 (Fla. 4th DCA 1988)
- State v. Bennett, 481 So. 2d 971 (Fla. 5th DCA 1986)
- State v. Lamb, 484 So. 2d 1368 (Fla. 2d DCA 1986)
- Beard v. State, 548 So. 2d 675 (Fla. 5th DCA 1989)
- Greene v. State, 532 So. 2d 1309 (Fla. 5th DCA 1988)
- Hall v. State, 470 So. 2d 807 (Fla. 4th DCA 1985)