ALVIN DEWEITT DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-09-23
No. 91-01455
HALL, A.C.J., and SCHOONOVER, J„ concur.
605 So. 2d 561 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 4 cases
Topics
Pretextual Stop

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Opinion of the Court
BLUE, Judge.

BLUE, Judge.

The appellant, Alvin Deweitt Davis, seeks reversal of his judgment and sentence for possession of cocaine. He challenges the denial of his motion to suppress cocaine on the basis of a pretextual stop. We reverse because the state did not carry its burden at the suppression hearing.

The officer who stopped Davis’ car testified that he knew Davis from prior occasions and recognized his vehicle. He followed Davis and stopped his vehicle because its left tail light was inoperative. As in this case, when the state relies solely upon a minor traffic violation as justification for the stop of an automobile, it has the burden of showing that a reasonable officer would have stopped the vehicle under the circumstances. Jackson v. State, 596 So. 2d 113 (Fla. 1st DCA 1992). Our review of the record reveals that the state failed to offer evidence to sustain its burden. The trial court erred in denying Davis’ motion to suppress.

Reversed

HALL, A.C.J., and SCHOONOVER, J„ concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Daniel v. State, 647 So. 2d 220 (Fla. 1st DCA 1994)
    …vehicle under such circumstances. As was the case in Jackson, our review of the record in this case fails to establish a factual basis upon which the lower court could have found that the prosecution sustained its burden. See also, Davis v. State, 605 So. 2d 561 (Fla. 2d DCA 1992). We are of the view that the comment of the trial court in ruling on the motion to suppress1 appropriately identifies the dilemma facing both police officers and the trial courts in similar cases, and we therefore certify as a qu…
  • Jackson v. State, 660 So. 2d 312 (Fla. 2d DCA 1995)
    …the officers had observed no violation of the law, and because no reasonable police officer would have stopped the defendant based merely upon the condition of the rear window, see Daniel v. State, 647 So. 2d 220 (Fla. 1st DCA 1994); Davis v. State, 605 So. 2d 561 (Fla. 2d DCA 1992), we reverse the order denying the motion to suppress and remand with direction that Jackson’s conviction be reversed and that he be discharged. ALTENBERND and QUINCE, JJ., concur.…

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