THE STATE OF FLORIDA, APPELLANT,
v.
ANTONIO PEREZ, 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 State appeals the suppression of a handgun seized during a warrantless police stop of Perez. The court reverses, holding that a person's voluntary abandonment of property cannot be tainted by a prior illegal stop (as opposed to an illegal search), and therefore the abandoned firearm was properly seized.
The court held that a person's voluntary abandonment of property cannot be tainted by a prior illegal stop (only by an illegal search), and therefore the revolver was properly seized as abandoned property and should not have been suppressed.
[1] A voluntary abandonment of property is not rendered involuntary by a prior illegal police stop, absent an illegal search.
[2] Evidence abandoned during an illegal stop, but not as a result of an illegal search, is admissible.
Previewing 2 of 5 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“a person's otherwise voluntary abandonment of property cannot be tainted or made involuntary by a prior illegal police stop of such person.... Only when the police begin to conduct an illegal search can a subsequent abandonment of property be held involuntary as being tainted by the prior illegal search”
Establishes the controlling legal standard from State v. Oliver distinguishing between illegal stops and illegal searches in the context of abandoned property
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceTwo Miami police officers observed Perez and another male appearing to exchange an object in a high-narcotics area. Without founded suspicion, an offi…
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 Carrying A Concealed Firearm cases and more on FLexlaw
COPE, Judge.
The State appeals an order suppressing a handgun seized by the police. We reverse.
Two uniformed City of Miami police officers were on patrol in an area known to be high in narcotics activity. They observed Perez and another male, who appeared to be passing an object between them. Believing that the two might be engaging in a narcotics transaction, one officer exited the police car and started to walk toward Perez. He either told Perez to freeze, or to stop. Perez fled on foot and the officer chased him. Perez ran into an alley while pulling something from his waistband. The officer heard a loud, metallic noise of something dropping in the alley. The officer caught Perez who, after being given Miranda warnings,1 volunteered that he became nervous and ran “because he knew the gun that he had was stolen.” A revolver was recovered in the alley. Perez was charged with carrying a concealed firearm and carrying a concealed firearm by a convicted felon. See §§ 790.01, 790.28, Fla. Stat. (1987).
Perez moved to suppress the firearm and the statement he made to the officers. The trial court concluded, and the State concedes, that the police officers did not have a founded suspicion which would support an investigative stop of the defendant under section 901.151, Florida Statutes (1987). The court granted the motion to suppress on the authority of Monahan v. State, 390 So. 2d 756 (Fla. 3d DCA 1980), review denied, 399 So. 2d 1146 (Fla.1981), and Spann v. State, 529 So. 2d 825 (Fla. 4th DCA 1988), reasoning that the abandonment of the firearm in the alleyway was a product of the officers’ effort to make an illegal stop.
The present case is controlled by State v. Oliver, 368 So. 2d 1331 (Fla. 3d DCA 1979), cert. dismissed, 383 So. 2d 1200 (Fla.1980). There, the court stated:
“Admittedly, the cases here are in some conflict, but the weight of authority is that a person’s otherwise voluntary abandonment of property cannot be tainted or made involuntary by a prior illegal police stop of such person.... Only when the police begin to conduct an illegal search can a subsequent abandonment of property be held involuntary as being tainted by the prior illegal search ... and even that result may vary depending on the facts of the case.”
Id. at 1335-36 (citations omitted). Since the present case involved an illegal stop, not an illegal search, the police were entitled to seize the revolver as abandoned property and the motion to suppress it should have been denied.
The trial court’s reliance on Monahan v. State is misplaced. In Monahan the police officers were involved in an illegal search, having already examined one of Monahan’s two pieces of luggage. Upon being informed that the officers intended to search a second piece of luggage, Monahan disclaimed that he owned it. Our court held that in those circumstances the suitcase could not be deemed abandoned property. 390 So. 2d at 757. Monahan did not cite or discuss Oliver, but one of the two cases cited in Monahan, Earnest v. State, 293 So. 2d 111 (Fla. 1st DCA 1974), is treated in Oliver as one of the group of cases holding that an abandonment of property is involuntary where it is tainted by a prior illegal search.
Perez argues that Monahan is irreconcilably in conflict with Oliver. There is dictum in Monahan which can be so read, for the opinion states, in part, “Evidence seized as a result of such illegal arrest should have been suppressed.” Id. at 757. On its facts, however, Monahan involved an illegal search and is consistent with the analysis set forth in Oliver. We harmonize the two cases by treating Monahan as a decision involving an abandonment tainted by a prior illegal search, see State v. Oliver, 368 So. 2d at 1336, and by treating the quoted passage from Monahan as dictum.
The other authority relied on by the trial court was the fourth district’s opinion in Spann v. State. That decision is factually similar to the present case. We certify that our decision is in conflict therewith.
We reverse that part of the trial court’s order which suppressed the firearm and remand for further proceedings consistent herewith.2
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
. The State has not appealed that part of the trial court’s order which suppressed the defendant’s post -Miranda statement.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Bartee, 623 So. 2d 458 (Fla. 1993)…KOGAN, Justice. We have for review State v. Bartee, 568 So. 2d 523 (Fla. 1st DCA 1990), in which the district court certified its decision as in direct conflict with State v. Perez, 592 So. 2d 1099 (Fla. 3d DCA 1990), approved, 620 So. 2d 1256 (Fla.1993) and State v. Arnold, No. 89-1549 (Fla. 4th DCA Jan. 31, 1990), withdrawn, 579 So. 2d 902 (Fla. 4th DCA 1991). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Police officers assigned to…
-
Perez v. State, 620 So. 2d 1256 (Fla. 1993)…GRIMES, Justice. We review State v. Perez, 592 So. 2d 1099 (Fla. 3d DCA 1990), because of certified conflict with Spann v. State, 529 So. 2d 825 (Fla. 4th DCA 1988). We have jurisdiction under article V, section 3(b)(4) of the Florida Constitution. The pertinent facts of the case are summarized in the opin…
-
Green v. State, 591 So. 2d 1159 (Fla. 5th DCA 1992)…1547, 113 L.Ed.2d 690 (1991); Curry v. State, 570 So. 2d 1071 (Fla. 5th DCA 1990); State v. Oliver, 368 So. 2d 1331 (Fla. 3d DCA 1979), cert. dis’m., 383 So. 2d 1200 (Fla. 1980) and A. G. v. State, 562 So. 2d 400 (Fla. 3d DCA 1990); State v. Perez, 592 So. 2d 1099 (Fla. 3d DCA 1990), juris, accepted, 570 So. 2d 1305 (Fla.1990); Butler v. State, 579 So. 2d 890 (Fla. 3d DCA 1991); and State v. Arnold, 579 So. 2d 902 (Fla. 4th DCA 1991) (on rehearing). AFFIRMED. COBB, COWART and GRIFFIN, JJ., concur.…
Authorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- State v. Oliver, 368 So. 2d 1331 (Fla. 3d DCA 1979)
- Spann v. State, 529 So. 2d 825 (Fla. 4th DCA 1988)
- Earnest v. State, 293 So. 2d 111 (Fla. 1st DCA 1974)
- Markham v. Laurendine, 390 So. 2d 756 (Fla. 1st DCA 1980)
- Monahan v. State, 390 So. 2d 756 (Fla. 3d DCA 1980)