STATE OF FLORIDA, APPELLANT,
v.
TRAVIS L. HALL, APPELLEE
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Florida appeals the suppression of a handgun found during an investigatory stop of Travis Hall after gunshots were reported near a commercial area at 1 a.m. The court reversed the suppression order, holding that the officer had reasonable suspicion to stop Hall and was justified in ordering both suspects to the ground before conducting a frisk.
The court held that the stop was justified because the officer had reasonable suspicion that Hall or his companion had discharged a firearm in public, and that the officer was justified in ordering them to the ground before conducting the pat-down given the circumstances, including the nature of the suspected crime.
[1] An officer has reasonable suspicion to detain individuals when the officer hears gunshots in the vicinity and encounters the individuals shortly thereafter as the only pe…
[2] The use of handcuffs or ordering individuals to the ground during an investigatory stop is justified when the circumstances reasonably warrant such restraint, including t…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We hold that, under these circumstances, the stop was justified because the officer had a reasonable suspicion that Hall or his companion had just committed the criminal offense of discharging a firearm in a public place.”
Establishes the core holding that reasonable suspicion existed to justify the investigatory stop based on the officer's proximity to reported gunshots and encounter with the only persons in the area.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA Palatka police officer on patrol heard two gunshots at 1 a.m. near a car dealership where burglaries had recently occurred. The officer drove toward…
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PETERSON, Judge.
The state appeals an order suppressing evidence of a handgun found on the ground beneath the waist of the appellee, Travis L. Hall, during an investigatory stop. The state argues that the detention and frisk of Hall was justified because the officer had a reasonable suspicion that Hall had discharged a firearm in public. We agree and reverse.
A Palatka police officer heard two gunshots at one o’clock in the morning while on patrol at a car dealership where numerous car burglaries had occurred. The officer testified that the gunshots were fired approximately one-half to one block away from him in the vicinity of Peter Street. He entered his unmarked patrol car and headed in the direction from which the shots had been fired. As he turned onto Peter Street, which intersected with the street fronting the dealership, he encountered Hall and another male riding bicycles. The officer saw no other persons in the area. The night had been otherwise unusually quiet and Hall and his companion were the first people the officer had seen on the streets for at least an hour and a half.
Concerned about the gunshots and his safety, the officer directed his car headlights on the pair, ordered them to the ground in a face-down, spread-eagle position, and began patting down Hall’s companion. While patting down the companion, the officer noticed that Hall moved his hands down and placed them in his pants under his stomach area. The officer ordered Hall to place his hands above his head in the spread-eagle position and Hall complied. As soon as the officer redirected his attention to the companion, Hall again put his hands into his pants. Having completed the search of the companion, the officer again ordered Hall to move his hands up. Because the officer did not see a gun in the back of Hall’s shorts or T-shirt, the officer ordered Hall to roll over. As Hall rolled over, the officer immediately saw a handgun on the ground next to Hall’s waist. The officer arrested Hall for discharging a firearm in public, a first-degree misdemean-or, and carrying a concealed firearm, a third-degree felony.
In granting the motion to suppress, the trial court found the officer’s procedure of ordering the suspects on the ground face down violative of Florida’s Stop and Frisk Law. § 901.151, Fla.Stat. (1993). The trial court further found the search lacked the probable cause necessary to justify a pat-down. § 901.151(5). We disagree with both conclusions.
The officer, alone at 1:00 o’clock in the morning, heard gunshots which he believed had been fired within a block of a commercial establishment. He immediately headed in the direction from which the gunshots originated and saw two people on bicycles. These were the only individuals in the area and the only individuals the officer had seen in the last hour and a half. We hold that, under these circumstances, the stop was justified because the officer had a reasonable suspicion that Hall or his companion had just committed the criminal offense of discharging a firearm in a public place.1 See Quevedo v. State, 554 So. 2d 620 (Fla. 3d DCA 1989); State v. Brooks, 281 So. 2d 55 (Fla. 2d DCA 1973). We also find that, owing to the factual circumstances of the detention, including the nature of the suspected crime, the officer was justified in ordering Hall and his companion to the ground before patting them down. Reynolds v. State, 592 So. 2d 1082, 1085 (Fla.1992) (“police may properly handcuff a person whom they are temporarily detaining when circumstances reasonably justify the use of such restraint”).
The order granting the motion to suppress is reversed. We remand for further proceedings.
REVERSED AND REMANDED.
COBB, J., concurs.
GRIFFIN, J., dissents without opinion.
. Section 790.15(1), Florida Statutes (1993) provides:
any person who knowingly discharges a firearm in any public place or on the right of way of any paved public road, highway or street, or whosoever knowingly discharges any firearm over the right of way of any paved public road, highway or street, or over any occupied premises is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.0082 or s. 775.0083. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm....
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COX v. State, 975 So. 2d 1163 (Fla. 1st DCA 2008)…urban intersection at 1:30 a.m., so as to justify stopping them, where the officer responded 3-5 minutes after the call and observed the suspects four blocks from the reported site of the shot, and the suspects denied hearing a shot); State v. Hall, 652 So. 2d 484 (Fla. 5th DCA 1995) (holding that the stop was justified and the trial court erred in granting a motion to suppress, where two gunshots were heard in town at 1:00 a.m. on an unusually quiet night and the officer, located no more than one block away…
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Johnson v. State, 696 So. 2d 1271 (Fla. 5th DCA 1997)…s.” The use of the subjective fear on the part of an officer is becoming a substitute for probable cause. The officer in this case was investigating a gunshot when he spoke with Johnson and his companion, so his concern was justified. State v. Hall, 652 So. 2d 484, 485 (Fla. 5th DCA 1995). Officers should be cautioned, however, that an inquisi [*1275] tive nature and a concern for officer safety will not replace the minimum founded suspicion or probable cause requirements established by Florida’s Stop and Fri…
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State v. Malone, 729 So. 2d 1008 (Fla. 5th DCA 1999)…lot, and no one else was leaving at that time. These are articulable facts which caused the officer to reasonably suspect that Malone had tried to pass a bad check at the bank. See, State v. Jones, 417 So. 2d 788 (Fla. 5th DCA 1982); State v. Hall, 652 So. 2d 484 (Fla. 5th DCA 1995); Johnson v. State, 696 So. 2d 1271 (Fla. 5th DCA 1997); Manuel v. State, 526 So. 2d 82 (Fla. 4th DCA 1987), [rev. denied, 520 So. 2d 585 (Fla.1988) ]. Accordingly, the ensuing Terry stop was lawful and the evidence should not hav…
Authorities Cited
- Reynolds v. State, 592 So. 2d 1082 (Fla. 1992)
- State v. Brooks, 281 So. 2d 55 (Fla. 2d DCA 1973)
- Quevedo v. State, 554 So. 2d 620 (Fla. 3d DCA 1989)