VINCENT NELSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court held that the driver of a stolen vehicle has standing to challenge the legality of his traffic stop under the Fourth Amendment, rejecting the state's argument that criminals lack constitutional protection. This decision resolved a conflict among district courts regarding whether Fourth Amendment protections extend to those operating stolen vehicles.
The driver of a stolen vehicle has standing to challenge his stop. The court rejected the argument that lack of ownership in the vehicle or the presence of criminal activity eliminates Fourth Amendment protections for the occupant's person and his right to travel without unreasonable government intrusion.
[1] A police officer's action in blocking a car exiting a driveway constitutes a seizure under the Fourth Amendment.
[2] A driver of a stolen vehicle has standing to challenge the legality of a traffic stop.
Previewing 2 of 6 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 defendant, as an occupant of the truck, has an interest in continuing his travels without government intrusion. Thus his fourth amendment rights could have been violated by the stopping of the truck even though the truck was stolen.”
Establishes that occupants of vehicles have Fourth Amendment interests in their own seizure regardless of the vehicle's ownership status
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Join FLexlaw to unlock all legal intelligenceVincent Nelson was stopped on April 1, 1987, as he drove a car out of a residence's driveway. A police officer blocked the car's exit, and Nelson was …
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SHAW, Chief Judge.
We review Nelson v. State, 546 So. 2d 49 (Fla. 4th DCA 1989), based on conflict with State v. Scott, 481 So. 2d 40 (Fla. 3d DCA 1985), review denied, 492 So. 2d 1335 (Fla.), cert. denied, 479 U.S. 931, 107 S.Ct. 402, 93 L.Ed.2d 355 (1986), and Wulff v. State, 533 So. 2d 1191 (Fla. 2d DCA 1988). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.
Vincent Nelson was stopped on April 1, 1987, as he was driving a car out of the driveway of a residence onto the street. A police officer effectuated the stop by placing his police car in front of the exiting car, and petitioner was arrested when a subsequent license tag check disclosed that the car was stolen. Petitioner entered a “no contest” plea, reserving the right to appeal the trial judge’s ruling, affirmed by the district court, that he lacked standing to challenge the legality of his stop.
Terry v. Ohio, 392 U.S. 1, 16, 88 S.Ct. 1868, 1877, 20 L.Ed.2d 889 (1968), teaches us that there is a seizure whenever a police officer accosts an individual and restrains his freedom. See also Delaware v. Prouse, 440 U.S. 648, 653-54, 99 S.Ct. 1391, 1395-96, 59 L.Ed.2d 660 (1979) (stopping an automobile and detaining its occupant, even briefly, constitutes a seizure within the meaning of the fourth amendment to the United States Constitution); State v. Jones, 483 So. 2d 433, 435 (Fla.1986) (same). The constitution forbids unreasonable seizures.1 Therefore, under normal circumstances, petitioner would be free to challenge the reasonableness of his seizure. The issue, as posed by the ruling below,2 is whether petitioner can be denied the right to challenge the reasonableness of his seizure because he was stopped while driving a stolen car. We hold that he cannot, and join our sister court, which, when faced with this identical issue, held:
Stopping a motor vehicle and detaining the occupant constitutes a seizure within the meaning of the fourth and fourteenth amendments, even though the stop is limited and the resulting detention is quite brief. As such the stop must comport with objective standards of reasonableness, whether that amounts to probable cause or a less stringent test. Rakas v. Illinois, [439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978) ], does not teach otherwise, for in that case the defendants did not question the constitutionality of the initial stop of their car. The defendant, as an occupant of the truck, has an interest in continuing his travels without government intrusion. Thus his fourth amendment rights could have been violated by the stopping of the truck even though the truck was stolen.
State v. Conger, 183 Conn. 386, 390-91, 439 A. 2d 381, 384 (1981) (citations omitted).
The cases relied upon by the state, United States v. Lanford, 838 F. 2d 1351 (5th Cir.1988); United States v. Hensel, 672 F. 2d 578 (6th Cir.), cert. denied, 457 U.S. 1107, 102 S.Ct. 2907, 73 L.Ed.2d 1316 (1982); and United States v. Hargrove, 647 F. 2d 411 (4th Cir.1981), involve the search and seizure of property in which the defendant had no ownership or possessory interest, therefore the defendant lacked standing to assert a fourth amendment right to privacy in the property. The instant case, by contrast, involves the seizure of Nelson himself. This obvious distinction was recognized in Lanford, where the court, while holding that Lanford lacked standing to challenge the search of property not his own, noted that: “Lanford does, of course, have standing to challenge the search of his person.” Lanford, 838 F. 2d at 1353.
The state also contends that Nelson should be denied standing because there is no valuable social purpose served by extending the fourth amendment’s protection to a criminal. We disagree. The valuable social purpose served by extending the constitution’s protection to all persons, even a criminal, aptly was stated in Mapp v. Ohio, 367 U.S. 643, 659, 81 S.Ct. 1684, 1694, 6 L.Ed.2d 1081 (1961), limited on other grounds, United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984): “Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence.”
We conclude that the driver of a stolen vehicle has standing to challenge his stop. We emphasize that we are addressing only the issue of standing, the dispositive issue below. We approve Wulff and Scott,
It is so ordered.
OVERTON, BARKETT and KOGAN, JJ., concur. GRIMES, J., concurs with an opinion, in which McDONALD, J., concurs.
. The fourth amendment to the United States Constitution provides:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
. The district court, in holding that petitioner lacked standing, reasoned: "A driver of a stolen car has no expectation of privacy.... 'Things’ placed in a stolen car by a driver are not afforded Fourth Amendment protection, therefore a driver is not afforded Fourth Amendment protection when he 'places’ himself in a stolen car.” Nelson v. State, 546 So. 2d 49, 49-50 (Fla. 4th DCA 1989) (citation omitted).
. Neither does Minnesota v. Olson, — U.S. —, 110 S.Ct. 1684, 109 L.Ed.2d 85 (1990), teach otherwise.
. Wulff v. State, 533 So. 2d 1191 (Fla. 2d DCA 1988), held that an auto passenger has standing to challenge the lawfulness of the auto’s stop despite the presence of contraband in it. State v. Scott, 481 So. 2d 40 (Fla. 3d DCA 1985), review denied, 492 So. 2d 1335 (Fla.), cert. denied, 479 U.S. 931, 107 S.Ct. 402, 93 L.Ed.2d 355 (1986), held that a driver of a cocaine-bearing auto has standing to challenge his illegal arrest despite not being the auto’s owner.
GRIMES, Judge,
concurring.
I am constrained to concur in this opinion because otherwise there would be nothing to prevent the police from stopping any car under any circumstances in the hope of occasionally finding a stolen one.
McDONALD, J., concurs.
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Cited By (12 total)
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Tristan Hilton v. State, 961 So. 2d 284 (Fla. 2007)…n that ... either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver ... are unreasonable under the Fourth Amendment.” Id. at 663, 99 S.Ct. 1391; see also Nelson v. State, 578 So. 2d 694, 695 (Fla. 1991) (“Stopping a motor vehicle and detaining the occupant constitutes a seizure within the meaning of the fourth and fourteenth amendments, even though the stop is limited and the resulting detention is quite brief. As such the stop mus…
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State v. Singleton, 595 So. 2d 44 (Fla. 1992)…earch of an automobile which he did not have the permission or consent of the owner to use. We find conflict with Tongue v. State, 544 So. 2d 1173 (Fla. 5th DCA 1989), and also find that the district court misapplied our decision in Nelson v. State, 578 So. 2d 694 (Fla.1991).1 For the reasons expressed, we quash the decision of the district court and uphold this search. The relevant facts reflect that on January 29, 1990, Singleton was driving a car owned by his girlfriend, Sandra Pinder. While in possession…
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Ulysses R. Williams v. State, 640 So. 2d 1206 (Fla. 2d DCA 1994)…illegality, recovery of contraband was not tainted by illegality of defendant’s arrest). We also note that although Williams had standing to contest the stop of the car, Wulff v. State, 533 So. 2d 1191 (Fla. 2d DCA 1988), approved, Nelson v. State, 578 So. 2d 694 (Fla.1991), he had no right to complain of its search since he was a mere passenger, State v. Deen, 625 So. 2d 968 (Fla. 5th DCA 1993), and he disavowed any possessory interest in the items seized. State v. W.E.T., 399 So. 2d 480 (Fla. 1st DCA 1981)…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (17 total)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968)
- Mapp v. Ohio, 367 U.S. 643 (U.S. 1961)
- Rakas v. Illinois, 439 U.S. 128 (U.S. 1978)
- United States v. Leon, 468 U.S. 897 (U.S. 1984)
- Delaware v. Prouse, 440 U.S. 648 (U.S. 1979)
- Minnesota v. Olson, 495 U.S. 91 (U.S. 1990)
- State v. R.A., 483 So. 2d 433 (Fla. 1986)
- United States v. Lanford, 838 F.2d 1351 (5th Cir. 1988)
- United States v. Hargrove, 647 F.2d 411 (4th Cir. 1981)
- Wulff v. State, 533 So. 2d 1191 (Fla. 2d DCA 1988)