LEONARD BLACK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1994-09-23
No. 93-02534
PATTERSON and FULMER, JJ., concur.
642 So. 2d 1147 Florida District Court of Appeal, Second District (1994) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Leonard Black pleaded nolo contendere to cocaine possession after police stopped him and found cocaine on the ground following his flight. The court reversed the conviction, holding that the officers lacked reasonable suspicion to stop Black based solely on his act of placing his hand in his pocket and refusing to remove it, which was insufficient to justify a Terry stop.


Holding

The court held that the officers lacked reasonable suspicion to justify the stop. Placing one's hand in a pocket and refusing to remove it, without more, does not provide reasonable suspicion for a Terry stop, even when combined with flight, because the officers had no basis to suspect what was in the pocket or any criminal activity.


Headnotes

[1] A police stop is illegal when it is not based on reasonable suspicion of criminal activity.

[2] A defendant's gesture of placing a hand in a pocket and refusing to remove it, without more, does not provide reasonable suspicion for a Terry stop.

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Key Quotes

“We find no reasonable basis for the stop. The First District in Daniels v. State, 543 So.2d 363 (Fla. 1st DCA 1989) found no grounds for a Terry stop when the defendant did not remove one of his hands from his pocket. The court held that the defendant's gesture without more did not provide reasonable suspicion to justify a stop even when combined with flight.”

Establishes the core legal principle that placing one's hand in a pocket, even combined with flight, does not justify a stop without additional reasonable suspicion.

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Facts & Procedural History

On February 12, 1993, two uniformed tactical officers in an unmarked vehicle stopped Black, whom they had observed 30-45 minutes earlier in the same a…

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Opinion of the Court
THREADGILL, Acting Chief Judge.

THREADGILL, Acting Chief Judge.

Leonard Black pleaded nolo contendere to possession of cocaine in violation of section 893.13(6)(a), Florida Statutes (1991), reserving his right to appeal the trial court’s denial of his dispositive motion to suppress. He was sentenced within the guidelines to two and one-half years’ probation. We reverse because the seizure of the cocaine was the product of an illegal stop.

At approximately 8:00 p.m. on February 12, 1993, two uniformed tactical police officers stopped in their unmarked vehicle to talk to the appellant whom they had noticed thirty to forty-five minutes earlier in the same area. One of the officers remained in the vehicle, while the other officer got out, approached the appellant, and identified himself. Upon seeing the officer the appellant opened his eyes very wide and reached into his right pocket. The officer ordered the appellant to remove his hand. When the appellant ran away instead, the officer gave pursuit and tackled the appellant to the ground within five to ten feet of the initial encounter. As he fell, the appellant’s hands flew up in front of him. When the officer rolled him over, he discovered a gram of cocaine on the ground. The appellant admitted to owning the cocaine.

Neither officer had suspected the appellant of any criminal activity before the encounter and neither had seen a bulge in his clothing to indicate the presence of a weapon. The officers had no reason to stop the appellant and were merely initiating a citizen’s encounter. The suppression issue is whether the officers had reasonable suspicion to stop the appellant once he put his hand in his pocket, refused to remove it, and fled. The state and defense both concede that it is unclear whether the abandonment of the cocaine was voluntary or involuntary.

We find no reasonable basis for the stop. The First District in Daniels v. State, 543 So. 2d 363 (Fla. 1st DCA 1989) found no grounds for a Terry1 stop when the defendant did not remove one of his hands from his pocket. The court held that the defendant’s gesture without more did not provide reasonable suspicion to justify a stop even when combined with flight. We reached a similar conclusion in R.B. v. State, 429 So. 2d 815 (Fla. 2d DCA 1983). Officers surrounded the defendant and asked him to remove his hand from his jacket. When he declined to do so and started to walk away, one officer asked him his name and upon recognizing his family name from previous arrests again asked the appellant to remove his hand. When he repeatedly refused, an officer grabbed his arm and pulled it out of his pocket. Two marijuana cigarettes fell out. We held that the defendant’s merely placing his hand in his jacket pocket and walking faster upon seeing the squad car did not give rise to more than a bare suspicion that illegal activity was afoot and thus the stop was unreasonable.

We reverse the conviction in this case for the same reason. The officers admitted that they had suspected no criminal activity until the appellant placed his hand in his pocket and refused to remove it. They saw no bulge that would lead them to suspect a weapon. They did not know what was in the appellant’s pocket when he reached inside it. Unlike State v. Starke, 574 So. 2d 1214 (Fla. 2d DCA 1991). there was no testimony here that the officer feared for his safety. Nor had the appellant given the officer any response which would give rise to an inference the appellant had committed, was committing, or was about to commit a crime as in Starke. In State v. Wilson, 566 So. 2d 585 (Fla. 2d DCA 1990), another case the state relies upon, answers elicited from the defendant helped establish reasonable suspicion for a temporary stop. Unlike Starke and Wilson, in this case the appellant fled the scene of the encounter before any conversation had taken place. Thus, not only were there no additional grounds to raise alarm for the officers, but the risk of danger posed by the close proximity of a defendant during questioning as in Starke and Wilson was not present in this case.

Reversed.

PATTERSON and FULMER, JJ., concur. . Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).


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Citator

Cited By

  • Hines v. State, 737 So. 2d 1182 (Fla. 1st DCA 1999)
    …after valid traffic stop, where defendant became extremely nervous after being stopped and questioned as to whether he had weapons, and safety-minded officer observed bulge underneath untucked shirt in back of defendant’s waist) and Black v. State, 642 So. 2d 1147 (Fla. 2d DCA 1994) (officers who stopped pedestrian/defendant after noticing him in same area 30 — 45 minutes later around 8:00 P.M., saw defendant opening his eyes wide and reaching into his right pocket, and ordered him to remove his hand, after w…
  • Coleman v. State, 707 So. 2d 767 (Fla. 2d DCA 1998)
    …n for the safety of persons or property. See Brown v. State, 636 So. 2d 174, 175 (Fla. 2d DCA 1994) (flight at the sight of an officer in a “high drug area” in the early morning hours does not justify an investigatory stop). See also Black v. State, 642 So. 2d 1147, 1148 (Fla. 2d DCA 1994) (police officer, with no articulable suspicion of criminal activity, chased and tackled an individual and subsequently discovered cocaine on the ground; the cocaine evidence was suppressed as the product of an illegal stop).…

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