WALTER SCHAUB, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Walter Schaub was arrested after police discovered crack cocaine during a pat-down search following a brief detention. The court reversed the denial of his suppression motion, holding that running from a high-crime area at 3 a.m. does not constitute reasonable suspicion to justify detention.
The detention was unlawful because running from a high-crime area at 3 a.m. does not establish well-founded suspicion that a crime had been, was being, or was about to be committed. Because the detention was unlawful, the cocaine discovered during the pat-down search must be suppressed.
[1] Running from a high-crime area at 3:00 a.m. …
[2] A detention that is unlawful renders any evidence seized during that detention inadmissible.
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“The detention of the appellant was unlawful because the fact the appellant was running from a high crime area at 3:00 o'clock in the morning does not give rise to a well-founded suspicion that the appellant had committed, was committing, or was about to commit a crime.”
Establishes that the court's primary holding regarding the absence of reasonable suspicion for detention based solely on running from a high-crime area.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAt 3:00 a.m., Sergeant Jackomin observed two men running through a wooded area known for crack cocaine trafficking. He stopped them and, with backup, …
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HALL, Judge.
The appellant, Walter Schaub, challenges the denial of his motion to suppress a piece of crack cocaine discovered in his shirt pocket during a pat down search. We reverse.
Sergeant Paul Jackomin of the Punta Gorda Police Department testified at the suppression hearing that while on patrol at 3:00 a.m. in a marked patrol car, he observed two males running through a darkened, wooded area. Because the men were running from an area known for crack cocaine trafficking, called The Quarters, Sergeant Jackomin’s suspicions were aroused. He pulled alongside the men and asked them to stop. While, as he testified, he was “confronting” the men, another officer arrived as backup. The officers separated the men and interrogated them for approximately thirty-eight minutes regarding what they were doing out at that hour of the night. Although the men’s explanations coincided at first, they soon began to diverge. Eventually, the appellant’s companion admitted that they had gone over to The Quarters to purchase crack. The appellant later stated that they had been in that section of town earlier in the day to buy some crack. They were back in that part of town because they discovered they had been cheated in the deal and wanted to find the person responsible. Because of these conflicting explanations and the fact that Sergeant Jackomin had learned of the appellant’s cocaine use during his investigation of a domestic dispute involving the appellant a few weeks previously, the officers patted both men down after having them empty their pockets. During the pat down, Sergeant Jackomin discovered a piece of crack cocaine in the appellant’s shirt pocket.
The detention of the appellant was unlawful because the fact the appellant was running from a high crime area at 3:00 o’clock in the morning does not give rise to a well-founded suspicion that the appellant had committed, was committing, or was about to commit a crime. Morris v. State, 519 So. 2d 706 (Fla. 2d DCA 1988). Since the detention of the appellant was unlawful, the cocaine seized during the search of him must be suppressed. Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).
Accordingly, we reverse the appellant’s judgment and sentence and remand this cause with directions to grant the appellant’s motion to suppress.
SCHOONOVER, C.J., and PATTERSON, J., concur.
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Moore v. State, 584 So. 2d 1122 (Fla. 4th DCA 1991)…is suspicion was aroused only by the fact that Moore was riding a bicycle at 2:00 a.m. and was coming from the area of the burglary. In similar cases the courts have refused to find that the officer possessed a founded suspicion. In Schaub v. State, 576 So. 2d 1361 (Fla. 2d DCA 1991) the defendant and another man were observed running through a darkened wooded area by a police officer on patrol in a high crime area at 3:00 a.m. This aroused the officer’s suspicion so he confronted the men. The court held that…
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Grant v. State, 596 So. 2d 98 (Fla. 2d DCA 1992)…ad no reasonable suspicion that Grant had committed, was committing, or was about to commit a crime. The fact that a person in a high crime area flees at the sight of an officer does not constitute a reasonable suspicion. See, e.g., Schaub v. State, 576 So. 2d 1361 (Fla. 2d DCA 1991) (no reasonable suspicion when person who officer knew used cocaine ran from high crime area at 3:00 a.m.); Curry v. State, 576 So. 2d 890 (Fla. 2d DCA 1991) (no reasonable suspicion when group of males in drug area dispersed at si…
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Amos Lewis Cowart v. State, 635 So. 2d 1063 (Fla. 2d DCA 1994)…pedal away after he saw the officers did not justify the stop. See, e.g., Grant v. State, 596 So. 2d 98 (Fla. 2d DCA 1992) (defendant’s discarding of object and fleeing upon seeing police officer did not justify investigatory stop); Schaub v. State, 576 So. 2d 1361 (Fla. 2d DCA 1991) (defendant’s running from high crime area at 3:00 a.m. did not give rise to well founded suspicion of criminal behavior); Curry v. State, 576 So. 2d 890 (Fla. 2d DCA 1991) (no reasonable suspicion when group of males in drug area…
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
- Wong SUN v. United States, 371 U.S. 471 (U.S. 1963)
- Morris v. State, 519 So. 2d 706 (Fla. 2d DCA 1988)