ALAN SILVERMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse the adjudication and sentence for violation of probation of appellant, Alan Silverman. There was not a founded suspicion for the stop of the vehicle in which appellant was a passenger. Appellant argues that simply because the vehicle in which he was a passenger was in an area where burglaries frequently occurred would not constitute grounds for a legal stop or detention. We agree. See State v. Beja, 451 So. 2d 882 (Fla. 4th DCA 1984), cause dismissed sub nom, State v. Lennon, 469 So. 2d 750 (Fla.1985); see also Abraham v. State, 532 So. 2d 91, 92 (Fla. 4th DCA 1988) (driving out of closed business parking lot in early morning hours before dawn and picking up another person in the area is not grounds for “founded suspicion”). Further, appellant, as a passenger had standing to contest the legality of the stop. See, e.g., Nelson v. State, 578 So. 2d 694, 695-96 (Fla.1991).
REVERSED AND REMANDED.
GLICKSTEIN, C.J., HERSEY, J., and DOWNEY,' JAMES C., Senior Judge, concur.
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Welch v. State, 741 So. 2d 1268 (Fla. 5th DCA 1999)…tomobile and the detention of its occupants constitutes a seizure of those persons.5 Thus a passenger has standing to object to the stop of a vehicle in which he was a passenger since that stop resulted in his seizure. Hernandez; Silverman v. State, 610 So. 2d 116 (Fla. 4th DCA 1992); Velez v. State, 554 So. 2d 545 (Fla. 5th DCA 1989), rev. denied, 563 So. 2d 635 (Fla.1990); Wulff v. State, 533 So. 2d 1191 (Fla. 2d DCA 1988); State v. Montano, 527 So. 2d 916 (Fla. 3d DCA 1988); Adams v. State, 523 So. 2d 190…
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L.N.D. v. State, 884 So. 2d 515 (Fla. 2d DCA 2004)…near recently burglarized home at 2 a.m.); Ippolito v. State, 789 So. 2d 423 (Fla. 4th DCA 2001) (holding there was no reasonable suspicion for stop based on it being late at night and in area of past criminal activity); see also Silverman v. State, 610 So. 2d 116 (Fla. 4th DCA 1992) (holding that vehicle being in area where burglaries frequently occurred would not constitute grounds for a stop); Abraham v. State, 532 So. 2d 91 (Fla. 4th DCA 1988) (holding there was no founded suspicion for stop where defenda…
Authorities Cited
- State v. Beja, 451 So. 2d 882 (Fla. 4th DCA 1984)
- Nelson v. State, 578 So. 2d 694 (Fla. 1991)
- Abraham v. State, 532 So. 2d 91 (Fla. 4th DCA 1988)