T.W.C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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T.W.C., a fourteen-year-old, was stopped during a traffic stop and searched without authorization, resulting in the seizure of a pipe containing marijuana residue. The court reversed the delinquency disposition, finding the search violated constitutional protections and was not justified under Terry or as a search incident to arrest.
The search and seizure were unconstitutional and unauthorized. The deputy lacked reasonable suspicion that T.W.C. had committed or was committing an offense, T.W.C. was not under arrest, and even if a protective search were permitted, it exceeded a lawful pat-down of outer clothing. The pipe was not illegal for a minor to possess and could not form the basis for probable cause until after it was seized and examined.
[1] A deputy's search of a juvenile's pocket and seizure of a pipe is not authorized under Terry v. …
[2] A protective search of a juvenile's outer clothing during a lawful stop exceeds the scope of a pat-down when the deputy reaches into the pocket and removes an item.
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“The deputy's search of T.W.C.'s pocket and seizure of the pipe was not authorized under Terry, nor was it permitted as a search incident to arrest.”
Establishes that no constitutional or statutory basis existed for the search
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn January 11, 1995, deputies stopped a car for an expired tag. T.W.C., his mother (the driver), and his sister exited the vehicle. When T.W.C. asked …
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[*218] ALTENBERND, Judge.
T.W.C. appeals his delinquency disposition following the denial of a dispositive motion to suppress. We reverse.
On January 11,1995, at approximately 6:30 p.m., two Pasco County deputy sheriffs stopped a car because it had an expired tag. T.W.C.’s mother was driving the car. T.W.C. and his sister were the only passengers. They all exited the ear and stood on the side of the road.
T.W.C., who was fourteen at the time, asked to go to the bathroom. One of the deputies escorted him to a drainage ditch adjacent to this rural road. T.W.C. was nervous and “fidgeting.” The deputy asked him whether he had “any knives, guns, drugs, bombs or any other contraband.” The teenager did not answer this question, but immediately reached into his left front pocket. The deputy grabbed T.W.C.’s hand and felt the exterior of the pocket. He felt a small wooden pipe, commonly used for smoking tobacco or marijuana. Although he did not believe there were any weapons in the pocket, the deputy reached in the pocket and removed the pipe. A drug test revealed that the pipe contained marijuana residue. As a result, the state filed a petition for delinquency based on T.W.C.’s possession of drug paraphernalia.
The deputy’s search of T.W.C.’s pocket and seizure of the pipe was not authorized under Terry,
nor was it permitted as a search incident to arrest. T.W.C. was not under arrest at the time of this search. The deputy did not have a reasonable suspicion that T.W.C. had committed or was committing an offense. Even if the deputy had a basis for a protective search, the search exceeded a pat-down of the outer clothing.
A wooden pipe is not defined as a tobacco product, and it is not illegal for a minor to possess a wooden pipe. See § 569.002(6) Fla.Stat. (Supp.1994). The deputy did not establish probable cause to believe that the pipe was drug paraphernalia until he seized it and examined it for marijuana residue. We cannot distinguish this case from Walker v. State, 514 So. 2d 1149 (Fla. 2d DCA 1987), in which this court suppressed a pipe seized during a temporary detention.
Reversed and remanded.
THREADGILL, C.J., and PATTERSON, J., concur. . Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).
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Hines v. State, 737 So. 2d 1182 (Fla. 1st DCA 1999)…20, 24 Fla. L. Weekly D1065 (Fla. 1st DCA 1999) (absent additional circumstances that would permit a more complete search, consent to mere pat-down does not include consent to reach into suspect’s pockets and to retrieve contents); T.W.C. v. State, 666 So. 2d 217 (Fla. 2d DCA 1995) (where deputy properly stopped vehicle in which juvenile was passenger, based on vehicle’s expired tag, and “nervous” and “fidgeting” juvenile failed to answer deputy’s question about contraband and immediately reached into his ow…
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State v. Miyasato, 805 So. 2d 818 (Fla. 2d DCA 2001)…mit this seizure as the result of a “plain feel” during a lawful pat down. See Minnesota v. Dickerson, 508 U.S. 366, 369-70, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993); Hines v. State, 737 So. 2d 1182, 1187 (Fla. 1st DCA 1999). See also T.W.C. v. State, 666 So. 2d 217 (Fla. 2d DCA 1995). Even though the officer claimed he saw the corner of a plastic baggie sticking out of Mr. Miyasato’s pocket and knew marijuana was often carried in plastic baggies, these facts would give rise to, “at most, a mere suspicion” that…
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J.B. v. State, 679 So. 2d 1296 (Fla. 2d DCA 1996)…erves someone in a high crime area make such movement may have his suspicions aroused, but may not legally detain the person for further investigation.” 514 So. 2d at 1151. See Smith v. State, 592 So. 2d 1239 (Fla. 2d DCA 1992). In T.W.C. v. State, 666 So. 2d 217 (Fla. 2d DCA 1995), the defendant was a passenger in a car that was stopped. He was nervous and fidgeting. When asked if he had any knives,, guns, drugs, bombs or other contraband, the defendant did not answer and immediately reached into his left f…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968)
- Walker v. State, 514 So. 2d 1149 (Fla. 2d DCA 1987)