STATE OF FLORIDA, APPELLANT,
v.
TERRENCE BASS, APPELLEE
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The court held that a K-9 sniff of a vehicle during a lawful traffic stop does not constitute an unconstitutional search under the Fourth Amendment, even if the initial reason for the stop is later found to be resolved.
An officer stopped a vehicle because the temporary tag was not visible. While the officer determined the tag was valid, a K-9 unit arrived and alerted…
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[*152] HARRIS, Judge.
The State appeals the suppression of 24 packages of cannabis and a hundred dollars of United States currency found in a plastic bag underneath the steering wheel of a vehicle being driven by Terrence Bass. We reverse.
Bass was stopped for a traffic check because the temporary tag on his vehicle was not sufficiently visible for the officer to determine whether it had expired. Once Bass was stopped and the officer approached the vehicle, the officer could see that the temporary tag was valid. Nevertheless, he asked to see Bass’s driver license and registration. While Bass was looking for his registration, a K-9 officer came to the scene. The dog alerted for the presence of drugs and the subsequent search revealed the cannabis and currency.
Once the defendant was legally stopped, the use of a sniff dog was not an unconstitutional search under the Fourth Amendment. United States v. Place, 462 U.S. 696, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983); State v. Taswell, 560 So. 2d 257 (Fla. 3d DCA 1990). The trial judge suppressed the evidence because in this case there was no traffic violation. We find that immaterial. The trial judge found specifically “Certainly, Officer Fontana appropriately exercised his jurisdiction by stopping the vehicle with a temporary tag which he could not read.” We find that once the vehicle was properly stopped, the officer could ask to see the driver’s license and registration. There is no evidence that the stop was made or prolonged in order to conduct the search.
REVERSED and REMANDED.
DIAMANTIS, J., concurs.
DAUKSCH, J., dissents, without opinion.
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State v. Diaz, 850 So. 2d 435 (Fla. 2003)…LEWIS, J. We have for review the decision in Diaz v. State, 800 So. 2d 326 (Fla. 2d DCA 2001), which certified conflict with the decisions in State v. Wikso, 738 So. 2d 390 (Fla. 4th DCA 1999), and State v. Bass, 609 So. 2d 151 (Fla. 5th DCA 1992). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Because the law enforcement officer here had no justification for continuing the restraint of this motorist and obtaining information from him after it was clearly determi…
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State v. Robinson, 756 So. 2d 249 (Fla. 5th DCA 2000)…14 (Fla. 5th DCA 2000). Once Robinson was legally stopped, the use of a drug-sniffing dog is not an- unconstitutional search under the fourth amendment. State v. Brooks, 662 So. 2d 440 (Fla. 5th DCA 1995) (Sharp, W., J., dissenting); State v. Bass, 609 So. 2d 151 (Fla. 5th DCA 1992); State v. Orozco, 607 So. 2d 464 (Fla. 3d DCA 1992), rev. denied, 614 So. 2d 503 (Fla.1993). An alert by a properly trained police dog provides probable cause for a search. Orozco; Osorio v. State, 569 So. 2d 1375 (Fla. 2d DCA [*…
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State v. Wikso, 738 So. 2d 390 (Fla. 4th DCA 1999)…danger, and roadside encounters between police and suspects are especially hazardous, a protective search is justified. Michigan v. Long, 463 U.S. 1032, 103 S.Ct. 3469, 77 L.Ed.2d 1201 (1983).” [c.o.] 559 So. 2d at 461. Similarly, in State v. Bass, 609 So. 2d 151 (Fla. 5th DCA 1992), under similar circumstances, the court held that “once the vehicle was properly stopped, the officer could ask to see the driver’s license and registration.” 609 So. 2d at 152. Because the only “evidence” considered by the tria…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Place, 462 U.S. 696 (U.S. 1983)
- State v. Hansel Taswell, 560 So. 2d 257 (Fla. 3d DCA 1990)