WILLIAM CLARK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1995-01-18
No. 93-3258
POLEN and FARMER, JJ., concur.
648 So. 2d 848 Florida District Court of Appeal, Fourth District (1995) 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

William Clark pleaded nolo contendere to cocaine possession after the trial court denied his motion to suppress evidence. The Fourth District Court of Appeal reversed his conviction, finding the officer lacked founded suspicion to stop Clark and that Clark was seized before abandoning the drugs, making the evidence inadmissible.


Holding

The court held that the officer lacked founded suspicion for the stop because three individuals gathered in daylight showing something the officer could not see does not constitute founded suspicion of criminal activity, even in an area known for narcotics transactions. The court further held that Clark was seized prior to dropping the drugs through the officer's intentional show of force by opening the car door, making the subsequent evidence inadmissible.


Headnotes

[1] A group of individuals gathered in an area known for narcotics transactions, even if showing something to each other that the officer cannot see, does not establish a fou…

[2] A seizure occurs when an officer applies physical force or when an individual submits to an officer's show of authority.

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Key Quotes

“A group of three individuals gathered in the middle of the day showing something to each other that the officer cannot see, even in an area known for narcotics transactions, does not give rise to a founded suspicion of criminal activity.”

Establishes the legal standard that founded suspicion cannot be based on vague observation of individuals showing unidentifiable objects, regardless of location

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Facts & Procedural History

An officer observed Clark, an alleged narcotics dealer named Corbin, and a female gathered together in a neighborhood known for narcotics activity at …

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Opinion of the Court
WARNER, Judge.

WARNER, Judge.

Appellant pled nolo contendere in case number 92-7916 to a charge of possession of cocaine, reserving his right to appeal the trial court’s denial of his motion to suppress the physical evidence of the cocaine rocks found at the scene. Because we find that there was no founded suspicion for the stop and that appellant did not abandon the drugs prior to the illegal stop, we reverse his conviction and sentence.

At the hearing on the motion to suppress, the arresting officer testified that he was driving in an area well known for narcotics transactions at about noon on a summer’s day when he observed appellant, a man named Corbin who was alleged to be a narcotics dealer, and a female in a huddle. The officer contradictorily indicated that appellant had “something” in his hand that he was showing the others but that he didn’t see anything in his hand. Because he felt that they were violating the law, the officer determined to investigate further. As he was heading his vehicle in their direction, Corbin alerted appellant, and the three scattered. While the officer originally intended to stop all three, he decided to go after appellant who had jumped on a bicycle. The officer approached in his car with the idea that appellant would not escape him. To effectuate the stop, the officer opened his ear door just as the appellant rode by, causing appellant to strike the car door with the bicycle and fall to the ground. As he fell, the officer testified that appellant threw the bag which contained cocaine to the side.

The officer did not have founded suspicion to stop appellant. A group of three individuals gathered in the middle of the day showing something to each other that the officer cannot see, even in an area known for narcotics transactions, does not give rise to a founded suspicion of criminal activity. See Nesmith v. State, 616 So. 2d 170 (Fla. 2d DCA 1993); State v. Hoover, 520 So. 2d 696 (Fla. 4th DCA 1988); McClure v. State, 358 So. 2d 1187 (Fla. 2d DCA 1978).

We also reject the state’s contention that, in the ensuing chase of appellant by the officer, appellant abandoned the drugs prior to the stop. Instead we hold that he was seized prior to dropping the drugs. A seizure involves either the application of physical force or the submission to an officer’s show of authority. California v. Hodari D., 499 U.S. 621, 625, 111 S.Ct. 1547, 1550, 113 L.Ed.2d 690, 697 (1991). The officer applied a show of force by opening his door so that appellant would hit it and fall off his bicycle. The officer admitted that this was intentional. Here, the officer physically stopped appellant with his car door. The state’s argument that the officer has to touch appellant with his hands before a stop occurs is meritless in this context. Further, the practice of knocking people off bicycles with moving vehicles is extremely hazardous, having the potential for serious injury. We do not condone the use of such force here.

We reverse appellant’s conviction and sentence and remand for further proceedings in case number 92-7916. However, in case number 92-14507, tried separately, we affirm the conviction and sentence.

POLEN and FARMER, JJ., concur.


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Citator

Cited By

  • Belsky v. State, 831 So. 2d 803 (Fla. 4th DCA 2002)
    …two unknown black males approach a vehicle driven by a white male and saw only arms going in and out of the truck, without witnessing the exchange of money or drugs, did not have a founded suspicion to justify stopping the vehicle); Clark v. State, 648 So. 2d 848 (Fla. 4th DCA 1995)(holding that an officer’s observation of three people gathered in an area known for drug transactions, showing something to each other that the officer could not see, did not create a reasonable suspicion of criminal activity); M…
  • State v. Hopkins, 661 So. 2d 937 (Fla. 5th DCA 1995)
    …ent physical force, a seizure is not effected until the subject has submitted. Id. Hodari involved the second [*939] aspect and because the defendant had not submitted, he had not been seized at the time he abandoned the contraband. Clark v. State, 648 So. 2d 848 (Fla. 4th DCA 1995), provides a good illustration of the use of physical force alternative. In Clark, the police lacked a founded suspicion to stop the defendant. The question was whether in a chase of the defendant by the police, the defendant aban…

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