STATE OF FLORIDA, APPELLANT,
v.
S.P., APPELLEE

Fla. 4th DCA | 1991-05-01
No. 90-1340
DOWNEY and FARMER, JJ„ concur.
580 So. 2d 216 Florida District Court of Appeal, Fourth District (1991) Positive Treatment
Cited by 4 cases

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.

Synopsis

Florida appealed the trial court's order granting a juvenile defendant's motion to suppress evidence obtained during a traffic stop and subsequent vehicle inventory search. The Fourth District Court of Appeal reversed, finding both the initial stop and the inventory search were constitutional.


Holding

The court held that the initial stop was justified by the mismatch between the license tag and the vehicle, and that the arrest for the suspended license was lawful. The court further held that the inventory search of the vehicle was constitutional under the framework established in Colorado v. Bertine, and thus the evidence should not have been suppressed.


Headnotes

[1] A police officer may run a check on a license tag without it constituting a stop, seizure, or impermissible intrusion on privacy.

[2] A discrepancy between a vehicle's license tag and its registration information justifies a stop to seek an explanation.

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Key Quotes

“The mere presence of blacks in a white area or whites in a black area does not by itself create a founded suspicion of criminal activity, but there is no ban against a police officer following a motorist anywhere within his jurisdiction and running a cheek on a license tag.”

Establishes that the officer's initial observation and tag check did not constitute an illegal stop or seizure based on race or location alone.

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Facts & Procedural History

Three white juveniles were driving a Mustang at 1:30 a.m. on a school night in a predominantly black neighborhood known for narcotics activity. A poli…

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Opinion of the Court
LETTS, Judge.

LETTS, Judge.

The state “appeals” an order granting a juvenile defendant’s motion to suppress, heard at the very beginning of an adjudicatory hearing. Upon the rendering of this order, the state was left without a case and the proceedings terminated. We reverse.

We avoid discussion as to whether this controversy is appealable, treat the notice of appeal as a petition for writ of certiorari and grant same upon the authority of State v. Weir, 569 So. 2d 897 (Fla. 4th DCA 1990).

Involved are three white juveniles cruising in a Mustang at 1:30 a.m., on a school night, in a black area “well known and documented for its illicit sale and use of narcotics.” An on-duty police officer pulled in behind them and radioed in the tag number, resulting in information that the tag belonged to an Isuzu automobile. He thereupon stopped the car and upon discovering, after another check, that the defendant driver’s license was suspended, arrested him and called a tow truck. While awaiting the truck, he inventoried the car, finding, on the floor, a bent Mountain Dew can containing some residue with numerous puncture holes. From experience, the officer concluded it was a homemade cocaine pipe. He placed only the one defendant in his police car and transported him to the station. At the conclusion of his shift, he followed his invariable custom of cleaning out his vehicle. He found a cocaine rock under the passenger seat. He had likewise cheeked out the interior before his shift began. The defendant had been the only other occupant of the police car throughout the entire shift.

The motion to suppress sought the exclusion of both the Mountain Dew can and the cocaine rock, but not so clear is on what grounds the court granted the motion. Suffice it to say, it was either on the grounds of an improper stop or an illegal search of the defendant’s car. We address both of these contentions.

The mere presence of blacks in a white area or whites in a black area does not by itself create a founded suspicion of criminal activity, but there is no ban against a police officer following a motorist anywhere within his jurisdiction and running a cheek on a license tag. To do so is not a stop, is not a seizure and does not impermissibly intrude upon any right of the defendant’s privacy. State v. Smith, 529 So. 2d 1226 (Fla. 3d DCA 1988). See also Heller v. State, 576 So. 2d 398 (Fla. 5th DCA 1991). Discovery that the tag did not match the vehicle justified a stop to seek an explanation for the discrepancy. Heller. Thereafter, discovery that the defendant’s driver’s license had been suspended was sufficient to permit taking the defendant into custody because a misdemeanor committed in an officer’s presence is grounds for arrest. § 901.15(1), Fla.Stat. (1989). As the Florida Supreme Court recently held: “Under the analysis in Bertine 1 ... the Patrol is not compelled to provide an alternative to impoundment ...” State v. Wells, 539 So. 2d 464, 469 (Fla.1989). We, therefore, find nothing illegal about the inventory search under the facts of this ease. See Wells.

Accordingly, the trial court's order is quashed and this case remanded for further proceedings.

CERTIORARI GRANTED.

DOWNEY and FARMER, JJ„ concur. . Colorado v. Bertine, 479 U.S. 367, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987).


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Citator

Cited By

  • State v. Fischer, 987 So. 2d 708 (Fla. 5th DCA 2008)
    …ode by driving a vehicle with an expired [*711] temporary tag.''), review dismissed, 762 So. 2d 916 (Fla.2000); State v. Eubanks, 609 So. 2d 107, 110 (Fla. 4th DCA 1992) (“[A] traffic stop based on an expired tag is permissible....”); State v. S.P., 580 So. 2d 216, 217 (Fla. 4th DCA) ("Discovery that the tag did not match the vehicle justified a stop to seek an explanation for the discrepancy.”), review denied, 592 So. 2d 682 (Fla.1991); Heller v. State, 576 So. 2d 398 (Fla. 5lh DCA 1991); see also State v. K…
  • KEY v. State, 589 So. 2d 348 (Fla. 1st DCA 1991)
    …minal activity; and (2) the inventory be conducted according to standardized criteria. 107 S.Ct. at 742-743. See also State v. Wells, 539 So. 2d 464, 469 (Fla.1989), judgment affirmed, 495 U.S. 1, 110 S.Ct. 1632, 109 L.Ed.2d 1 (1990); State v. S.P., 580 So. 2d 216 (Fla. 4th DCA 1991). The underlying rationale of Bertine, and of South Dakota v. Opperman, 428 U.S. 364, 96 S.Ct. 3092, 49 L.Ed.2d 1000 (1976), and Illinois v. Lafayette, 462 U.S. 640, 103 S.Ct. 2605, 77 L.Ed.2d 65 (1983), upon which Bertine relies…

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