RAFAEL AMADO MARTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Rafael Martin pleaded nolo contendere to cocaine possession after a traffic stop, but reserved the right to appeal the denial of his suppression motion. The court reversed his convictions because the traffic stop lacked the constitutionally required founded suspicion, as merely being parked watching children and driving away upon police approach were insufficient to establish reasonable suspicion of a crime.
The court held that the deputy lacked founded suspicion to justify the traffic stop. Neither the anonymous tip nor the deputy's observations—parking while watching children play and driving away upon the deputy's approach—were sufficient to establish founded suspicion of criminal activity under Florida's loitering/prowling statute, as law-abiding citizens might lawfully engage in such conduct.
[1] An anonymous tip, even if corroborated by an officer's observations, may not be sufficient to establish a founded suspicion for a traffic stop if the observed conduct is…
[2] A founded suspicion for a traffic stop requires a factual foundation in the circumstances observed by the officer, interpreted in light of the officer's knowledge, and ca…
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Join FLexlaw to unlock all legal intelligence“To justify the stop in this case, the deputy must have had a founded suspicion that Martin had committed, was committing, or was about to commit a crime.”
Establishes the constitutional standard required for a lawful traffic stop
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Join FLexlaw to unlock all legal intelligenceAn anonymous tip reported an individual in a pickup truck watching children in an empty lot, including the location, vehicle description, and license …
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PER CURIAM.
Rafael Amado Martin pleaded nolo conten-dere to possession of cocaine and possession of drug paraphernalia, reserving the right to appeal the denial of his dispositive motion to suppress evidence seized during a traffic stop. Because there was a lack of founded suspicion to support the stop, we reverse the convictions.
Testimony at the suppression hearing revealed that the Hillsborough County Sheriffs Office received an anonymous telephone tip that an individual in a pickup truck was watching children play in an empty lot. The tip included the location of the lot, a description of the truck, and the license tag number. A deputy responded to the area and observed Martin parked on the side of the road in a vehicle matching the description given. Martin pulled the truck away from the roadside as the deputy approached. The deputy conducted a traffic stop based on a concern for the safety of the children. During the stop, cocaine and paraphernalia were discovered.
The trial court denied the motion to suppress, finding that the deputy had a reasonable suspicion Martin had committed or was about to commit loitering or prowling, and that the tip was corroborated by the officer’s observations.1 To justify the stop in this case, the deputy must have had a founded suspicion that Martin had committed, was committing, or was about to commit a crime. Freeman v. State, 433 So. 2d 9 (Fla. 2d DCA 1983). A founded suspicion is a suspicion that has factual foundation in the circumstances observed by the officer, when interpreted in light of the officer’s knowledge. State v. Beja, 451 So. 2d 882 (Fla. 4th DCA 1984). A bare suspicion of illegal activity cannot support a stop. 433 So. 2d at 10.
Neither the tip nor the deputy’s observations were sufficient to create a founded suspicion of criminal activity.
Section 856.021(1), Florida Statutes (1993) makes it unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. Because there are situations in which law-abiding citizens would be parked in a vehicle watching children play, the trial court’s finding that Martin was loitering or prowling is without support. Although Martin’s driving away upon the deputy’s approach may have added to the suspicion, it was insufficient to elevate the bare suspicion to a founded suspicion of criminal activity. We therefore reverse the order denying suppression.
In light of this disposition, it is unnecessary to address Martin’s second issue on appeal.
Reversed.
THREADGILL, C.J., and RYDER and FULMER, JJ., concur. . The trial court also found that Martin committed a misdemeanor, exposure of sexual organs, in the officer’s presence. Because this conduct took place after the stop, it is not relevant to a determination of the validity of the stop.
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Citator
Cited By
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Rinehart v. State, 778 So. 2d 331 (Fla. 2d DCA 2000)…on, on the other hand, cannot support a detention because it is no better than random selection, sheer guesswork, or hunch, and has no objective justification.” Id. See also Herrmann v. State, 728 So. 2d 266, 267 (Fla. 2d DCA 1999); Martin v. State, 658 So. 2d 1153, 1155 (Fla. 2d DCA 1995). Behavior that reaches the level of reasonable suspicion for the purpose of a Terry stop for the offense of burglary or robbery seems nearly equivalent with behavior that rises to the level of probable cause to arrest for l…
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D.A.H. v. State, 718 So. 2d 195 (Fla. 2d DCA 1998)…ngaran v. State, 681 So. 2d 745, 746 (Fla. 2d DCA 1996). In comparison, founded suspicion is “suspicion that has factual foundation in the circumstances observed by the officer, when interpreted in light of the officer’s knowledge.” Martin v. State, 658 So. 2d 1153 (Fla. 2d DCA 1995); Saadi v. State, 658 So. 2d 112 (Fla. 2d DCA 1995). The State proves founded suspicion when it identifies specific and articulable facts which, coupled with rational inferences from those facts, reasonably indicate that criminal a…
Authorities Cited
- Freeman v. State, 433 So. 2d 9 (Fla. 2d DCA 1983)
- State v. Beja, 451 So. 2d 882 (Fla. 4th DCA 1984)