STATE OF FLORIDA, APPELLANT,
v.
JEROME GAVIN, APPELLEE
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The court held that the police had reasonable suspicion to stop the appellee and probable cause to arrest him, making the subsequent search incident to arrest permissible.
[1] A stop and detention of a suspect is permissible when police have a reasonable suspicion based on a detailed description matching the suspect and proximity to the crime s…
[2] Probable cause to arrest exists when witnesses identify a suspect matching a detailed description as the perpetrator of a crime.
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Join FLexlaw to unlock all legal intelligenceDeputies stopped the appellee based on a detailed description matching a suspect in a recent restaurant burglary. After witnesses identified the appel…
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PATTERSON, Judge.
The state appeals the trial court’s order granting the motion to suppress rolls of coins found on the appellee which were allegedly taken from a burglarized restaurant. We reverse.
Deputies responded to a radio report of a suspect who had just burglarized a restaurant. A witness had described the suspect as a black male, approximately six feet tall, wearing a hat and a red-and-white striped shirt with tan baggy pants, and carrying a brown paper bag. Fifteen to twenty minutes later, Deputy Merrick observed the appellee about one-half mile from the res taurant. He was dressed as described by the witness. Merrick stopped the appellee and requested him to put the brown paper bag he was carrying on the trunk of Merrick’s patrol car. Deputy Kenyan moved it with his hand and felt it was heavy. Merrick also picked up the bag, and feeling it was heavy, thought it could have held coins. Merrick opened the bag and saw rolls of pennies with numbers written on the rolls.
Deputy Kenyan read the appellee his Miranda rights. The deputies did not ask the appellee questions but merely told him that he was stopped because he matched the description of a burglary suspect. Witnesses were brought to Merrick’s patrol car and identified the appellee as the perpetrator of the restaurant burglary. Merrick testified that he did not search the bag until the identification was made. The appellee was arrested for the restaurant burglary.
The police officers had a reasonable suspicion to stop and detain the appel-lee based on the detailed description given in the radio report which matched the appellee exactly. Once the witnesses identified the appellee as the man they had seen at the burglarized deli, the police had probable cause to make an arrest. See Robinson v. State, 556 So. 2d 450 (Fla. 1st DCA 1990). Thereafter, the search incident to arrest was permissible. Dixon v. State, 343 So. 2d 1345 (Fla.2d DCA 1977). Therefore, the trial court erred in granting the appellee’s motion to suppress. We reverse the denial and remand for further proceedings.
LEHAN, A.C.J., and FRANK, J., concur.
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Johnson v. State, 921 So. 2d 490 (Fla. 2005)…to the police station sometime after 6 p.m. on April 1,1989. Thus, at the time Johnson accompanied Officer Hull to the police station, he had already been identified in a photo lineup and probable cause to arrest Johnson existed. See State v. Gavin, 594 So. 2d 345 (Fla. 2d DCA 1992). The photo lineup was apparently conducted by Detective Borre-go. Officer Hull picked up Johnson at the [*505] request of Detective Borrego. Under the fellow officer rule, probable cause is imputed to Officer Hull. See Routly v. S…
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Johnson v. State, 903 So. 2d 888 (Fla. 2005)…fication of Johnson as the person who killed Larkins. Thus, at the time Johnson [*898] accompanied Officer Hull to the police station, he had already been identified in a photo lineup and probable cause to arrest Johnson existed. See State v. Gavin, 594 So. 2d 345 (Fla. 2d DCA 1992). The photo lineup was apparently conducted by Detective Borrego. Officer Hull picked up Johnson at the request of Detective Borre-go. Under the fellow officer rule, probable cause is imputed to Officer Hull. See Routly v. State, 4…
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Collins v. City OF Miami, 881 So. 2d 565 (Fla. 3d DCA 2004)…rove beyond a reasonable doubt the guilt of the person charged; probable cause exists when the circumstances are sufficient to cause a reasonably cautious person to believe that the person accused is guilty of the offense charged.”); State v. Gavin, 594 So. 2d 345, 346 (Fla. 2d DCA 1992) (“Once the witnesses identified the appellee as the man they had seen at the burglarized deli, the police had probable cause to make an arrest.”).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dixon v. State, 343 So. 2d 1345 (Fla. 2d DCA 1977)
- Robinson v. State, 556 So. 2d 450 (Fla. 1st DCA 1990)