ROBERT ANDREA TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court reversed conviction for money laundering because the traffic stop lacked legal basis when the officer stopped the vehicle for an allegedly improper temporary license tag display that was actually lawful under Florida law.
A vehicle stop based on an allegedly improper temporary license tag display is unlawful when the tag was actually displayed in compliance with Florida law, requiring suppression of all evidence obtained from the stop.
[1] A temporary license tag lawfully displayed inside the rear window of a vehicle in compliance with Florida statutes and administrative code cannot provide the basis for a…
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Join FLexlaw to unlock all legal intelligenceOfficer Douberly stopped appellant's vehicle on I-95 near Jacksonville because appellant had taped his temporary license tag inside the rear window. T…
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PER CURIAM.
Appellant raises two issues in this appeal of his conviction and sentence for violation of § 896.101(2)(b)l, Fla.Stat. (1991): (1) the legality of the stop of his vehicle for an alleged traffic violation and (2) the sufficiency of the evidence to convict him as charged. We reverse as to the first issue, and therefore find it unnecessary to reach the second issue.
The basis for Officer Douberly’s stop of appellant’s vehicle as it proceeded south on 1-95 near Jacksonville was that appellant improperly displayed his temporary license tag by taping it inside the rear window of his vehicle. The trial court denied appellant’s motion to suppress evidence seized following that stop, finding that appellant was stopped for a valid traffic infraction. However, according to appropriate law appellant’s tag was not improperly displayed when taped inside the rear window, see §§ 320.011, 320.131(1), Fla.Stat., and Fla.Admin.Code R. 15C-1.005. Therefore, he was not stopped for a valid traffic infraction, and the evidence seized following the stop should have been suppressed. See, e.g., State v. Riley, 638 So. 2d 507 (Fla.1994); Doctor v. State, 596 So. 2d 442 (Fla.1992); Wilhelm v. State, 515 So. 2d 1343 (Fla.2d DCA 1987). Since all of the evidence against appellant was obtained as the result of this stop, we REVERSE and REMAND with directions to discharge appellant.
JOANOS and BENTON, JJ., concur. WOLF, J., concurs in result only.
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Citator
Cited By
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State v. Garcia, 696 So. 2d 1352 (Fla. 5th DCA 1997)…he facts of this case are different. In the instant ease, the officer may not have seen the tag because of reduced visibility, but the tag was mounted in the rear window and was not obstructed or obscured. The court then, relying on Taylor v. State, 644 So. 2d 132 (Fla. 1st DCA 1994) (which holds that a defendant’s tag was not improperly displayed when taped inside the rear window), held that since Garcia had not committed a violation, there was no “probable cause” for the traffic stop. The court suppressed t…
Authorities Cited
- Terrtric Doctor v. State, 596 So. 2d 442 (Fla. 1992)
- State v. Riley, 638 So. 2d 507 (Fla. 1994)
- Wilhelm v. State, 515 So. 2d 1343 (Fla. 2d DCA 1987)