THE STATE OF FLORIDA, APPELLANT,
v.
RICHARD S. JACOBS, APPELLEE
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 court held that the trial court erred in suppressing evidence because the officer's stop and request for identification were lawful.
An officer observed the defendant drinking beer in violation of a municipal ordinance and approached him for identification. While reaching for identi…
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 Municipal Ordinance Violation cases and more on FLexlaw
PER CURIAM.
The State of Florida appeals an order granting defendant’s motion to suppress evidence. We reverse.
Officer Chavez observed defendant Jacobs sitting on the sidewalk and drinking beer. Chavez approached Jacobs and asked him for identification. When defendant Jacobs reached in his pocket for identification, a piece of rock cocaine fell out. Chavez arrested Jacobs, who was charged with possession of cocaine and possession of drug paraphernalia. The trial court granted defendant’s motion to suppress the evidence predicated on an unlawful stop. The state appeals.
The police officer’s uncontroverted testimony established that he approached Jacobs and requested identification because Jacobs was drinking beer on public streets in violation of a municipal ordinance. City of Miami, Fla., Code § 37-17(II) (1989). Section 901.151(2), Florida Statutes (1989), authorizes the officer to detain the violator and request identification. The rock cocaine fell in plain view when the defendant reached in his pocket for the identification. Harris v. U.S., 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067 (1968); Albo v. State, 379 So. 2d 648 (Fla.1980); Harper v. State, 532 So. 2d 1091 (Fla. 3d DCA 1988), review denied, 541 So. 2d 1172 (Fla.1989). Accordingly, the trial court erred in suppressing the evidence.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sites v. State, 582 So. 2d 813 (Fla. 4th DCA 1991)…a. 1st DCA 1990); Spence v. State, 525 So. 2d 442 (Fla. 5th DCA 1988); McCloud v. State, 491 So. 2d 1164 (Fla. 2d DCA 1986); Lower v. State, 348 So. 2d 410 (Fla. 2d DCA 1977). Cf. State v. Warshan, 580 So. 2d 317 (Fla. 3d DCA 1991); State v. Jacobs, 574 So. 2d 277 (Fla. 3d DCA 1991); State v. Milmoe, 541 So. 2d 718 (Fla. 4th DCA 1989). GLICKSTEIN, C.J., ANSTEAD, J., and WALDEN, JAMES H., Senior Judge, concur.…
Authorities Cited
- Harris v. United States, 390 U.S. 234 (U.S. 1968)
- Albo v. State, 379 So. 2d 648 (Fla. 1980)
- Harper v. State, 532 So. 2d 1091 (Fla. 3d DCA 1988)