ERIC J. KNOX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1997-03-14
No. 96-1509
THOMPSON, J., concurs., DAUKSCH, J., concurs specially, with opinion.
689 So. 2d 1224 Florida District Court of Appeal, Fifth District (1997) Caution
Cited by 23 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

Eric Knox was convicted of drug possession after police observed him conducting apparent narcotics transactions at a known drug location. Although the trial court properly found probable cause based on the officers' two-hour surveillance, the court acknowledged the officers also conducted an improper warrantless pat-down search, but affirmed the conviction under the Tipsy Coachman Rule because independent probable cause existed from lawful observations.


Holding

The court affirmed the conviction, holding that although the pat-down search was improper and unnecessary, independent probable cause existed from the officers' two-hour surveillance of Knox's conduct consistent with narcotics transactions. Under the Tipsy Coachman Rule, evidence obtained through improper police conduct can be upheld if it is justified by information from independent lawful police conduct that independently establishes probable cause.


Headnotes

[1] Probable cause for a narcotics arrest may be established by the totality of circumstances observed by experienced officers, including conduct consistent with drug transac…

[2] An officer's personal belief regarding the existence of probable cause is irrelevant to the legal determination of whether probable cause existed.

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Key Quotes

“Although the defendant cites no authority for his position, he seems to assert that the State is bound by the legal conclusion as articulated by the ... [police] officer on cross-examination, and that we should infer from this testimony that the defendant was arrested on information that fell below the standard of probable cause.”

Establishes that an officer's subjective legal conclusions about probable cause are not binding on the state; the state can argue and present evidence that probable cause existed regardless of the officer's stated belief.

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Facts & Procedural History

Officer Harrel and another officer conducted two-hour surveillance from a vacant residence near a location with complaints of narcotics dealing. They …

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Opinion of the Court
HARRIS, Judge.

HARRIS, Judge.

Eric J. Knox was arrested for and convicted of possession of a controlled substance. He appeals contending the trial court erred in failing to suppress the evidence. We affirm.

This case is somewhat complicated by the fact that the officers, in order to enhance their claim of “probable cause,” improperly searched the defendant for weapons without just cause and during the search confirmed the presence of crack cocaine. But even though we find the search for weapons improper, we nevertheless, based on the totality of circumstances and the Tipsy Coachman Rule

, affirm the trial court.

Officer Harrel of the DeLand Police Department testified that he had received training in identification of narcotics and had made several dozen narcotics arrests. On the day of the arrest in this case, Officer Harrel was assigned to the vicinity of the A & M Discount Beverage Store where there had been numerous complaints of narcotics dealing. Officer Harrel and another officer conducted surveillance from a vacant residence with an unobstructed view and for two hours observed Knox approach vehicles that would pull up, lean into the vehicle and pass something to the occupants of the vehicle. Then, as the vehicle would pull off, the officers would see Knox with cash in his hand. The officers had to observe that the items so exchanged for money were not kept in plain view by Knox and thus had to be concealed by him. Further, the items were too small to be seen from the officers’ hiding place. Could not the officers legally conclude that the items exchanged were “probably” drugs? Officer Harrel testified that this conduct was consistent with his experience observing narcotics transactions elsewhere.

Because the officers did not actually see what was transferred to the occupants, they believed that they lacked probable cause to make an arrest, and so they went to the scene to ascertain the identity of Knox and to pat him down for weapons. Not only was the pat-down improper, but in our view it was unnecessary. We believe from the totality of the circumstances that the officers’ observation of Knox’s conduct during the two-hour surveillance established sufficient probable cause for an experienced narcotics officer to believe that Knox was engaged in criminal conduct that justified a search for illegal drugs.

It seems well settled that the officer’s personal opinion as to whether probable cause exists is irrelevant. The Florida Supreme Court has held: “Although the defendant cites no authority for his position, he seems to assert that the State is bound by the legal conclusion as articulated by the ... [police] officer on cross-examination, and that we should infer from this testimony that the defendant was arrested on information that fell below the standard of probable cause.” The court rejected this contention and found that probable cause existed and said, “Nor would the legal conclusion of the officer prevent the state from arguing and presenting evidence that probable cause did in fact exist.” Routly v. State, 440 So. 2d 1257, 1260-1261 (Fla.1983), cert. denied, 468 U.S. 1220, 104 S.Ct. 3591, 82 L.Ed.2d 888 (1984). See also Florida v. Royer, 460 U.S. 491, 507, 103 S.Ct. 1319, 1329, 75 L.Ed.2d 229, 242 (1983) (“the fact that the officers did not believe there was probable cause and proceeded on a consensual or Terry-stop rationale would not foreclose the State from justifying [defendant’s] custody by proving probable cause

There is also authority supporting the fact that the officers’ observations under a totality of the circumstances standard was sufficient to give them probable cause in this ease. Revels v. State, 666 So. 2d 213 (Fla. 2d DCA 1995), held that probable cause existed when experienced police officers who were assigned to a certain house known for narcotics sales observed from hiding the defendant approach a car that pulled up, make a hand-to-hand exchange and receive currency. The officers observed a similar exchange between the defendant and a person riding a bicycle. Although in Revels the officers later stopped the bicyclist and found crack cocaine on him, we do not believe that the officers’ failure to stop the vehicles in our case to confirm the fact the occupants had cocaine prevents a finding of probable cause.

We do not condone the fact that the police conducted an improper pat-down of Knox in this case. If probable cause depended on this improper action, we would have no hesitancy in suppressing the evidence. We do not believe, however, that the exclusionary rule should be extended to suppress evidence justified by information obtained by appropriate police conduct which independently establishes probable cause merely because the officers erred in a later phase of the investigation.

AFFIRMED.

THOMPSON, J., concurs.

DAUKSCH, J., concurs specially, with opinion.

. Carraway v. Armour and Company, 156 So. 2d 494 (Fla.1963).

Concurrence
DAUKSCH, Judge,

DAUKSCH, Judge,

concurring specially.

I concur with the majority ruling that probable cause existed to believe appellant was engaged in the sale of narcotics. This gave the policeman the authority to make a Terry stop. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The policeman said that in his experience drug dealers carry guns and that the clothing worn by appellant was such that a handgun could be concealed easily. For his own safety, and because he had probable cause to believe appellant may be armed, he was authorized to conduct the pat-down.


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Citator

Cited By (11 total)

  • State v. Hankerson, 65 So. 3d 502 (Fla. 2011)
    …ther,” Ornelas, 517 U.S. at 698, 116 S.Ct. 1657 (quoting Gates, 462 U.S. at 238 n. 11, 103 S.Ct. 2317), the district courts of appeal have found probable cause to exist in cases involving similar factual circumstances. For example, in Knox v. State, 689 So. 2d 1224, 1225 (Fla. 5th DCA 1997), the district court determined that the arresting officers had probable cause to search Knox after observing him, while in an area suspected to be the site of illegal drug transactions, engage in a series of transactions du…
    1 / 2
  • Eston E. Anderson v. State, 780 So. 2d 1012 (Fla. 4th DCA 2001)
    …ded) We find no error in the trial court’s denial of Anderson’s motion for judgment of acquittal, notwithstanding Officer Donte’s belief that Anderson was not trying to get away, as the state is not bound by his legal conclusion. See Knox v. State, 689 So. 2d 1224 (Fla. 5th DCA 1997). We reverse, however, as the jury instruction included an additional non-exis [*1014] tent element to the crime by providing that Anderson could be found guilty of the offense if he fled or attempted to elude “after having stopp…
  • Lester v. State, 754 So. 2d 746 (Fla. 1st DCA 2000)
    …nds for the judgment in the court below. It stands to reason that the appel-lee can present any argument supported by the record even if not expressly asserted in the lower court.”); MacNeill v. O’Neal, 238 So. 2d 614, 615 (Fla.1970); Knox v. State, 689 So. 2d 1224, 1225-26 (Fla. 5th DCA 1997). The state’s new theory is that Ms. Lester’s conduct violated what is alleged in the state’s brief to be a provision of a municipal ordinance of the City of Fort Walton Beach prohibiting the possession of an open contai…

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