RHONDA ELAINE BOLINGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Rhonda Bolinger was charged with possession of a controlled substance after police stopped her vehicle and found cocaine. She pled nolo contendere while reserving the right to appeal the denial of her motion to suppress. The appellate court reversed, finding the police lacked a founded suspicion to justify the stop.
No. The observations of the officers, even considering their experience and knowledge, were insufficient to constitute founded suspicion justifying a stop under Florida Statutes section 901.151. The officer's observations of a black person in a high-crime area leaning into a white person's car and walking away do not give rise to founded suspicion, particularly where no money or drugs were observed being exchanged.
[1] A police officer's observation of a person in a high-crime area interacting with another individual, without any indication of an exchange of money or drugs, does not est…
[2] A founded suspicion for a stop requires more than a mere hunch or a generalized suspicion based on the location and demographics of the individuals involved.
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“We agree with the appellant's contention that the officer's observations, even in the light of his experience and knowledge, were insufficient to constitute a founded suspicion that the appellant had committed, was committing, or was about to commit a crime justifying a stop pursuant to section 901.151, Florida Statutes (1989).”
Establishes the court's core holding that the observations failed to meet the founded suspicion standard
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOfficer Giddens observed Bolinger, a white female driving a pickup truck, in an area known for drug activity. A black male flagged down her truck, tal…
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SCHOONOVER, Chief Judge.
The appellant, Rhonda Elaine Bolinger, challenges the judgment and sentence imposed upon her after she pled nolo conten-dere to a charge of possession of a controlled substance and reserved her right to appeal the denial of a motion to suppress. We reverse. -
Evidence presented at the suppression hearing failed to establish that officers of the Lakeland Police Department had a founded suspicion at the time they stopped the appellant. Officer Giddens, while conducting surveillance in an area known for drug activity observed the appellant, a white female, driving a pickup truck through the area. A black male flagged down the truck and caused the appellant to stop. The man talked with the appellant for a few moments and then crossed the street and talked to another black male. Both men then returned to the truck where the man who had first approached the truck moved his hands in front of his body with his back towards Officer Giddens. He then reached into the truck with his left hand and pulled the hand back out. The officer did not see anything exchanged between the appellant and either of the men.
The appellant then drove away and was stopped by another police officer based on the description he received from Officer Giddens. The officer approached the vehicle and saw that the appellant’s hand was clenched down along her left side. He opened the door, grabbed the appellant by the wrist, and brought her out of the truck causing her hand to open. After the appellant was removed from the truck, a third police officer with a flashlight found two pieces of rock cocaine on the floorboard next to the driver's seat.
At the conclusion of the evidentiary hearing, the trial court denied the appellant’s motion to suppress the rock cocaine. The appellant then pled nolo contendere and reserved her right to appeal the denial of her motion. The appellant filed a timely notice of appeal from the judgment and sentence imposed upon her on the basis of her plea.
We agree with the appellant’s contention that the officer’s observations, even in the light of his experience and knowledge, were insufficient to constitute a founded suspicion that the appellant had committed, was committing, or was about to commit a crime justifying a stop pursuant to section 901.151, Florida Statutes (1989). Peabody v. State, 556 So. 2d 826 (Fla. 2d DCA 1990); State v. Hoover, 520 So. 2d 696 (Fla. 4th DCA 1988). A stop based upon an officer’s observation of a black person in a high crime area leaning into a white person’s car and then walking away after seeing a police officer approach does not give rise to a founded suspicion justifying a temporary detention. Hoover. In Winters v. State, 578 So. 2d 5 (Fla. 2d DCA 1991), this court affirmed a finding of founded suspicion under somewhat similar circumstance. In Winters, however, the officer observed the appellant receiving money from the driver of the vehicle. In this case, the officer did not observe money or drugs being exchanged. Although Officer Giddens observed one of the black males perform a hand manipulation, he did not observe anything actually being exchanged between the appellant and the black male. These facts do not provide a founded suspicion warranting a temporary detention. Winters; Peabody.
We, accordingly, reverse and remand with instructions to discharge the appellant on this charge.
Reversed and remanded.
SCHEB and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 610 So. 2d 581 (Fla. 1st DCA 1992)…cash in his hand did not create a founded suspicion of criminal activity sufficient to warrant detention, as the officer observed no exchange of drugs, money, or anything else. See Bush v. State, 594 So. 2d 793 (Fla. 3d DCA 1992); Bolinger v. State, 576 So. 2d 875 (Fla. 2d DCA 1991); Dames v. State, 566 So. 2d 51 (Fla. 1st DCA 1990); Peabody v. State, 556 So. 2d 826 (Fla. 2d DCA 1990); Gipson. Cf. Winters v. State, 578 So. 2d 5, 6 (2d DCA), rev. den., 589 So. 2d 292 (Fla. 1991) (temporary detention justified…
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Beahan v. State, 41 So. 3d 1000 (Fla. 1st DCA 2010)…been drug arrests in a particular neighborhood before is not a reason to believe that every person driving through that neighborhood is there to sell or purchase drugs. See e.g., Dames v. State, 566 So. 2d 51 (Fla. 1st DCA 1990); Bolinger v. State, 576 So. 2d 875 (Fla. 2d DCA 1991). Here the question is whether the officer had a reasonable suspicion that a person driving through a known drug area was impaired by the use of drugs. The answer is no different. The fact that drug transactions were known to take…
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Tinson v. State, 650 So. 2d 189 (Fla. 2d DCA 1995)…for a brief period. See Lemon v. State, 580 So. 2d 292 (Fla. 2d DCA 1991) (driving slowly down street, stopping in front of apartment known for drug activity, and entering apartment for a brief period were not grounds for a stop); Bolinger v. State, 576 So. 2d 875 (Fla. 2d DCA 1991) (no founded suspicion where defendant stopped her truck in an area known for drug activity after being flagged down by man, man talked to defendant, man crossed street and talked to another man, both men returned to truck, first m…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Hoover, 520 So. 2d 696 (Fla. 4th DCA 1988)
- Peabody v. State, 556 So. 2d 826 (Fla. 2d DCA 1990)
- Winters v. State, 578 So. 2d 5 (Fla. 2d DCA 1991)