JAMES TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
James Taylor was parked (he was actually in his vehicle with the motor running) in a private driveway behind an apartment complex. As he was about to leave, a police officer pulled up behind him, approached his vehicle, and ordered him to turn off his motor and give him his driver’s license. The officer’s conduct, without even a suspicion that a crime was being or had been committed, was an improper seizure of Mr. Taylor. The search which followed, without a showing of an unequivocal break in the chain of illegality (the improper seizure), even if consent was given, was invalid. See Norman v. State, 379 So. 2d 643 (Fla.1980); State v. Paul, 638 So. 2d 537 (Fla. 5th DCA 1994), rev. denied, 654 So. 2d 131 (Fla.1995). The motion to suppress should have been granted.
Given the foregoing, we need not decide whether the trial court’s error in allowing the state to compel the defendant as a witness at the suppression hearing was harmless per State v. DiGuilio, 491 So. 2d 1129 (Fla.1986), as contended by the state. REVERSED and REMANDED with instructions to discharge the defendant.
COBB, HARRIS and THOMPSON, JJ., concur.
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Brye v. State, 927 So. 2d 78 (Fla. 1st DCA 2006)…er’s license after warrant check came back clean and defendant told officers there were no drugs or weapons in car), juris, accepted, Case No. SC05-1844 (Fla. Oct. 7, 2005); Bautista v. State, 902 So. 2d 312, 314 (Fla. 2d DCA 2005); Taylor v. State, 658 So. 2d 173, 173 (Fla. 5th DCA 1995). But for the involuntary personal search of Appellant, the deputy would not have discovered the drug contraband. The trial court misapplied the law to the facts in denying the dispositive motion to suppress the drug evidence…
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Clive Gentles v. State, 50 So. 3d 1192 (Fla. 4th DCA 2010)…on movement as an order to step out of the car. Both orders constitute a seizure because they convey to a reasonable person under the circumstances that he or she must comply and is not free to end the encounter and drive away. See Taylor v. State, 658 So. 2d 173, 173 (Fla. 5th DCA 1995) (holding that when an officer pulled up behind the defendant, who was parked in a driveway with the motor running, and ordered him to turn off his motor and produce his driver’s license, the defendant was improperly seized a…1 / 2
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Harrelson v. State, 662 So. 2d 400 (Fla. 1st DCA 1995)…8 So. 2d 1285 (Fla. 1st DCA 1995) (restrictions placed on appellant’s freedom to leave inconsistent with a consensual encounter; insufficient evidence to establish a reasonable suspicion to justify temporary detention of appellant); Taylor v. State, 658 So. 2d 173 (Fla. 5th DCA 1995) (Taylor was seized improperly when police officer parked patrol car behind car parked in private driveway, and ordered driver to turn off his motor and produce his driver’s license, without a suspicion that a crime was being or h…
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- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Norman v. State, 379 So. 2d 643 (Fla. 1980)
- State v. Paul, 638 So. 2d 537 (Fla. 5th DCA 1994)