RAYMOND LEE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Raymond Lee appeals the denial of his motion to suppress an out-of-court identification made by a police officer who witnessed Lee's alleged robbery. The court affirmed the denial, finding the identification reliable under the Neil v. Biggers factors and concluding the trial court did not abuse its discretion.
The trial court did not abuse its discretion in denying the motion to suppress. Applying the Neil v. Biggers factors, the court found the identification reliable based on the officer's opportunity to view the defendant, his focused attention during the crime, his accurate radio description, his certainty about the identification, and the very short time elapsed between the crime and identification.
[1] A trial court's decision to admit an out-of-court identification is reviewed for an abuse of discretion.
[2] An out-of-court identification will not be suppressed if the witness had a sufficient opportunity to view the perpetrator, the witness's attention was focused on the perp…
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Join FLexlaw to unlock all legal intelligence“The decision to admit an out of court identification was within the sound discretion of the trial court.”
Establishes the standard of review for suppression rulings regarding out-of-court identifications.
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Join FLexlaw to unlock all legal intelligenceA police officer en route to a narcotics stakeout witnessed a man rob a car in Coconut Grove by making a throwing motion, reaching into the vehicle, a…
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PER CURIAM.
Appellant seeks review of a trial court order denying a motion to suppress an out of court identification following a nolo contende-re plea preserving the right of review of said order. A police officer, who was on his way to a narcotics stakeout, was caught in heavy traffic in Coconut Grove. While the officer was creeping along in traffic a man stepped out into the street two cars ahead of him, bringing traffic to a sudden halt. As traffic stopped, a second man walked up to one of the cars which had been forced to stop. This man made a throwing motion, appeared to reach into the car and struggle, then stood up and ran toward the officer’s car. The man had a large white purse in his hands. The man then turned and ran down an alley with his back to the officer. The officer gave chase in his car and then on foot. The man hurdled a fence at the end of the alley and the officer had to end his chase. The officer radioed a description of the fleeing man to the narcotics team, which was in the area, and they immediately set up a perimeter. Within a matter of seconds the narcotics team saw defendant running through the neighborhood, and minutes later defendant was in custody. Defendant was wearing blue jeans and a white tank top, he had been seen carrying a white purse, and a white purse was recovered from the roof top where he was arrested. The officer who witnessed the robbery, on his own initiative, went to the site of the arrest and identified defendant. Defendant moved to suppress this identification on the ground that the officer’s identification was tainted by the effects of an impermissible identification procedure. The officer testified that he had witnessed the robbery from about fifteen to twenty feet away, that he watched the robbery take place, that it happened quickly, that he kept his eyes on the defendant the whole time, that defendant ran right at him, that defendant looked right at him, that defendant turned and ran down an alley, that he chased defendant down the alley in his car, that there was a fence at the end of the alley, that defendant hurdled the fence, that when he reached the end of the alley he got out of the car to continue the chase, that defendant looked back at him, that he couldn’t climb the fence and had to give up the chase, that he had radioed a description, that the description was: black male, 5'6"-5'10", short cropped hair, light colored tank top, slender build, and carrying a white purse, that defendant was apprehended within minutes, that he identified defendant within minutes, and, that he was 100% positive of his identification. The trial court applied the factors of Neil v. Biggers, 409 U.S. 188, 93 S.Ct. 375, 34 L.Ed.2d 401 (1972), and found that the officer had opportunity to view the defendant at the time of the crime, that his attention was focused on defendant, that his radio description, although fairly generic, was accurate under the circumstances, that he was sure of his identification, and, that a very short time had elapsed between the crime and the identification. Based on these factors the court found that the defense failed to meet its burden of proof and denied the motion to suppress.
The decision to admit an out of court identification was within the sound discretion of the trial court. See Baxter v. State, 355 So. 2d 1234 (Fla. 2d DCA) cert. den. 365 So. 2d 709 (Fla.1978). Based on the record, it cannot be said that the trial court abused its discretion in denying appellant’s motion to suppress.
Finding no error in the suppression order, the adjudications of guilt be and they are affirmed.
Affirmed.
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Walker v. State, 776 So. 2d 943 (Fla. 4th DCA 2000)…U.S. 188, 199, 93 S.Ct. 375, 34 L.Ed.2d 401 (1972). The decision to admit a pre-trial identification is within the sound discretion of the trial court and the decision should overturned only upon a showing of abuse of discretion. See Lee v. State, 635 So. 2d 128, 130 (Fla. 3d DCA 1994). In the instant case, the trial court’s denial of Appellant’s Motion to Suppress was not an abuse of discretion. The trial court’s decision was well supported by substantial and competent evidence. The evidence presented to t…
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Nikki Paul Johnson v. State, 718 So. 2d 381 (Fla. 5th DCA 1998)…PER CURIAM. AFFIRMED. See Bailey v. State, 717 So. 2d 1096, 23 FLW D2154 (Fla. 5th DCA 1998); State v. Burns, 661 So. 2d 842 (Fla. 5th DCA 1995); Lee v. State, 635 So. 2d 128 (Fla. 3d DCA 1994). W. SHARP, HARRIS and ANTOON, JJ., concur.…
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Alfonso v. State, 275 So. 3d 215 (Fla. 3d DCA 2019)
Authorities Cited
- Neil v. Biggers, 409 U.S. 188 (U.S. 1972)
- Baxter v. State, 355 So. 2d 1234 (Fla. 2d DCA 1978)