BILLY BATIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1992-02-13
No. 90-2910
WOLF, J., concurs., ZEHMER, J., concurs in result only.
593 So. 2d 1167 Florida District Court of Appeal, First District (1992) Positive Treatment
Cited by 8 cases

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Holding

The court held that the officers had reasonable suspicion to detain the appellant based on the totality of the circumstances, making the subsequent search valid.


Headnotes

[1] An investigatory stop is justified when law enforcement officers have a reasonable suspicion, based on the totality of the circumstances viewed by an experienced officer,…

[2] A tag check revealing a suspended driver's license and an outstanding arrest warrant for the owner of a vehicle, combined with encountering individuals in a dimly lit are…

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Facts & Procedural History

University police observed a car with a suspended license owner and an outstanding warrant. They encountered the appellant, who produced a suspended d…

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Opinion of the Court
JOANOS, Chief Judge.

JOANOS, Chief Judge.

Appellant seeks review of the denial of his motion to suppress evidence seized following his arrest by university police officers for possession of a suspended driver’s license. The issue is whether the officers’ initial stop of appellant constituted an arrest on less than probable cause that appellant was in possession of a suspended driver’s license, thereby rendering the subsequent search invalid. We affirm the ruling on the motion to suppress, but remand for correction of sentence. A three-count information charged appellant with driving while his license was suspended — Count I, possession of cocaine— Count II, and possession of paraphernalia — Count III. Appellant filed a motion to suppress all evidence obtained as a result of his detention by university police officers.

On May 28,1989, at 2:00 a.m., a university police officer on routine patrol on the University of Florida campus, observed an automobile parked in the vicinity of the Medical Gardens. A tag check revealed that the owner’s license had been suspended, and there was an outstanding warrant for his arrest on an unknown charge. After two back-up officers arrived in response to the officer’s call, the three officers located appellant and his girlfriend walking in the gardens. The officers testified that since it was very dark in the gardens, they all returned to the parking area which was illuminated by street lights. There, appellant was asked for his driver’s license. When he produced the license, the officers ascertained that the license had been suspended, and appellant was arrested for possession of a suspended driver’s license. A subsequent search of appellant’s person revealed cocaine and drug paraphernalia. Upon issuance of the trial court’s order denying his motion to suppress, appellant pled nolo contendere to Count III and to a reduced charge of attempted possession of cocaine as to Count II; Count I was nolle prossed.

At sentencing, the trial court adjudicated appellant guilty of possession of drug paraphernalia and orally pronounced sentence of thirty days in the Alachua County Department of Corrections, with credit for thirty days served, and directed that the case be closed. On the Count II reduced charge of attempted possession of cocaine, the trial court adjudicated appellant guilty and placed him on probation for one year. The record contains two written sentences in connection with the charge of possession of drug paraphernalia: (1) a document dated August 21,1990, imposed sentence of 30 days with 30 days credit for time served on Count III; (2) a document dated August 23, 1990, placed appellant on probation for one year on the Count III charge of possession of drug paraphernalia.

The statutes applicable are sections 901.-151(2) and 322.32(1), Florida Statutes (1989). Section 901.151(2) provides:

Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county, he may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding his presence abroad which led the officer to believe that he had committed, was committing, or was about to commit a criminal offense.

Section 322.32(1), Florida Statutes (1989), provides that it is unlawful for any person “[t]o display, cause or permit to be displayed, or have in his possession any canceled, revoked, suspended, fictitious, or fraudulently altered operator’s or chauffeur’s license.” (Emphasis supplied.)

Police officers are authorized to stop and question persons whom they reasonably believe may have committed or are about to commit a crime. Reynolds v. State, 592 So. 2d 1082 (Fla.1992); Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The reasonable suspicion which will justify an investigatory stop is determined on the basis of the totality of the circumstances as viewed by an experienced police officer. Kehoe v. State, 521 So. 2d 1094, 1095-96 (Fla.1988); Thornton v. State, 559 So. 2d 438, 439 (Fla. 1st DCA 1990); Freeman v. State, 559 So. 2d 295, 296 (Fla. 1st DCA 1990). Even if none of the facts taken alone would give rise to a reasonable suspicion, when taken together, as viewed by an experienced police officer, such facts can provide justification for a brief detention. State v. Pye, 551 So. 2d 1237, 1238 (Fla. 1st DCA 1989).

In the instant case, the facts reveal that an officer on routine patrol noticed a car parked near university gardens at 2:00 a.m. The officer conducted a tag check, and learned there was an outstanding warrant for the owner of the vehicle, and that his driver’s license had been suspended. The record reflects that after back-up officers arrived, the three officers encountered appellant and his girlfriend on a wooden bridge in the garden. The officers’ testimony indicates that it was too dark in the garden to check identification. They asked appellant and his companion what they were doing there, and either led or accompanied the two persons back to the parking lot, which was illuminated by street lights. At the parking lot, appellant was asked for identification. He produced a suspended driver’s license, whereupon he was arrested for possession of a suspended driver’s license.

Based upon the totality of the circumstances as viewed by an experienced police officer, we find no error in the denial of the motion to suppress. However, due to the conflicting written sentencing documents for the Count III charge of possession of drug paraphernalia, we remand for conformance of the written sentencing document with the trial court’s oral pronouncement.

WOLF, J., concurs.

ZEHMER, J., concurs in result only.


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Citator

Cited By

  • Saturnino-Boudet v. State, 682 So. 2d 188 (Fla. 3d DCA 1996)
    …cion needed to justify an investigatory stop is fact specific to each case, but it is to be based upon the totality of the circumstances as viewed by an experienced police officer. Kehoe v. State, 521 So. 2d 1094, 1095-96 (Fla.1988); Batie v. State, 593 So. 2d 1167, 1168 (Fla. 1st DCA 1992); Willis v. State, 584 So. 2d 41, 42 (Fla. 3d DCA 1991), rev. denied, 595 So. 2d 559 (Fla.1992).5 “At this level ... the officer may conduct a limited search or frisk of the individual for concealed weapons where the officer…
  • State v. Paul, 638 So. 2d 537 (Fla. 5th DCA 1994)
    …124 (Fla. 2nd DCA 1993); State v. Hunt, 391 So. 2d 760, 761 (Fla. 5th DCA 1980). Based upon the totality of the circumstances presented by an experienced law enforcement officer, the state has shown a founded suspicion for the stop. Batie v. State, 593 So. 2d 1167 (Fla. 1st DCA 1992); Murphy v. State, 512 So. 2d 1006 (Fla. 4th DCA 1987), review denied, 520 So. 2d 585 (Fla.1988). I realize that several of our sister courts have reached different conclusions concerning this type of behavior and how it can be c…
  • Williams v. State, 604 So. 2d 8 (Fla. 1st DCA 1992)
    …f probation. Written sentencing documents, including probation orders, must conform to the trial court’s oral pronouncements. Payne v. State, 594 So. 2d 870 (Fla. 1st DCA 1992); Simmons v. State, 594 So. 2d 853 (Fla. 1st DCA 1992); Batie v. State, 593 So. 2d 1167 (Fla. 1st DCA 1992); Hernandez v. State, 592 So. 2d 764 (Fla. 1st [*10] DCA 1992); Bellamy v. State, 590 So. 2d 44 (Fla. 1st DCA 1991). Accordingly, we affirm the conviction and sentence, but remand the cause to the trial court for correction of t…

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