STATE OF FLORIDA
v.
JOCELIE KYLE ALLISON
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The State appeals a trial court's suppression of evidence in a DUI case, arguing the court incorrectly required the defendant's consent for field sobriety exercises. The appellate court agrees that reasonable suspicion, not consent, is the proper legal standard for administering such exercises and reverses the suppression order.
The court held that consent is not necessary to administer field sobriety exercises when an officer has reasonable suspicion that a driver may be impaired. The trial court applied an improper standard by requiring consent despite finding reasonable suspicion existed.
[1] Investigative stops are permissible under the Fourth Amendment when based on an officer's reasonable suspicion that criminal activity is afoot.
[2] An officer's reasonable suspicion that a driver may be impaired is sufficient to administer field sobriety exercises.
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Join FLexlaw to unlock all legal intelligence“Consent is not necessary to administer field sobriety exercises when an officer has reasonable suspicion that a driver may be impaired.”
Establishes the controlling legal standard that consent is not required for field sobriety exercises if reasonable suspicion exists
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Join FLexlaw to unlock all legal intelligenceAn officer conducted a DUI stop and administered field sobriety exercises to the defendant. The trial court found that the officer had reasonable susp…
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PER CURIAM.
We grant Appellant's Motion for Clarification, withdraw our previous Opinion, and replace it with the following.
The State appeals the trial court's order suppressing evidence before trial, claiming that the trial court applied the incorrect standard and erroneously found that Appellant's consent was required to administer field sobriety exercises. We agree and reverse.
Officers conducting DUI stops are governed under investigative stop principles articulated in Terry v. Ohio, 392 U.S. 1 (1968). State v. Taylor, 648 So. 2d 701, 703 (Fla. 1995). Terry and subsequent cases held that "certain investigative stops are permissible under the Fourth Amendment when based on an officer's reasonable suspicion that criminal activity is afoot." Taylor, 648 So. 2d at 703. The Florida Supreme Court has applied these investigative stop guidelines to field sobriety exercises during a DUI investigation. Id. Consent is not necessary to administer field sobriety exercises when an officer has reasonable suspicion that a driver may be impaired. See State v. Liefert, 247 So. 2d 18, 19 (Fla. 2d DCA 1971).
In the instant case, the trial court specifically found that the officer had reasonable suspicion, but not probable cause, and Appellant's consent was therefore required before the officer was able to conduct field sobriety exercises. Because the trial court applied the improper standard when granting Appellant's motion to suppress, we reverse the trial court's order of suppression and remand for further proceedings.
We further note that despite Appellee's failure to file an answer brief, it is abundantly clear from the record that the officer had reasonable suspicion and that reversal is warranted.
REVERSED and REMANDED for further proceedings consistent with this Opinion.
JOHNSON, FEUER, and KASTRENAKES, JJ., concur. Page 2 of 2 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
STATE OF FLORIDA, Appellant,
v. JOCELIE KYLE ALLISON, Appellee.
APPELLATE DIVISION (CRIMINAL): AC CASE NO: 502016AP900039AXXXMB L.T. NO: 502014CT004400AXXXNB
Opinion/Decision filed: MAR 06 2018
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Citator
Authorities Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968)
- State v. Taylor, 648 So. 2d 701 (Fla. 1995)
- State v. Manfred H. Liefert, 247 So. 2d 18 (Fla. 2d DCA 1971)