C.G., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1997-03-19
No. 95-3182
STONE and STEVENSON, JJ., concur.
689 So. 2d 1246 Florida District Court of Appeal, Fourth District (1997) Positive Treatment
Cited by 32 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

A juvenile appeals a trial court order denying his motion to suppress evidence obtained during a search by a police officer who initially stopped him for suspected truancy near a high school. The court held that the officer had authority to stop and transport the juvenile back to school, and that the officer's observation of furtive movements (the juvenile appearing to place something in his shoe) provided articulable suspicion to conduct a more thorough search, justifying the discovery of money and incriminating statements.


Holding

The court held that the officer had authority to stop and transport the juvenile back to school under Florida Statutes section 39.421(1)(b), that the officer's observation of the appellant's furtive movements (appearing to place something in his shoe) combined with the officer's legitimate safety concerns and knowledge of small weapons that could be secreted in shoes constituted articulable suspicion to justify the more extensive search, and that the search was therefore lawful.


Headnotes

[1] A police officer has the authority to stop and transport a juvenile back to school if the officer suspects the juvenile is truant.

[2] A pat-down search conducted during a lawful stop may extend beyond outer clothing if the officer develops articulable suspicion that the suspect is armed with a dangerous…

Previewing 2 of 5 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

Key Quotes

“A search pursuant to Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), conducted by an officer in a stop and frisk situation may not extend beyond a pat down of a suspect's outer clothing unless that pat down or other circumstances leads the officer to conclude that the suspect has a weapon on his person.”

Establishes the legal standard for when a Terry frisk may be extended beyond the initial pat down to include more intrusive searches

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

A Palm Beach Gardens police officer on routine patrol near a high school observed the appellant and another juvenile walking away from school. The off…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
WARNER, Judge.

WARNER, Judge.

A juvenile appeals an order of the trial court finding him to have committed the delinquent acts of burglary of a structure and grand theft. Appellant claims that the trial court erred in denying his motion to suppress evidence found when an officer stopped him for skipping school. We hold that the officer had authority to stop the appellant, and that the officer had an articulable suspicion to conduct the extent of the search in this case. We therefore affirm.

A Palm Beach Gardens police officer, on routine patrol within a mile of a Palm Beach County high school, saw appellant and another juvenile walking away from the school. Because he suspected that the juveniles were truants, he stopped them and asked where they were supposed to be. They responded that they were students at the high school and should .be in school. The officer confirmed that status with the high school security officer. The officer then decided to return them to school. Prior to placing the juveniles in the officer’s cruiser, he patted them down, although he did not check their jacket pockets. As they were being transported, the officer observed appellant moving around in the back seat. He saw appellant remove his shoe and put it back on his foot. Believing these movements to be strange, and causing him to fear for his safety because he had not done a thorough check of the juveniles in the pat down, the officer pulled over to the side of the road and called for back up assistance.

The officer made the appellant remove his shoes which revealed a considerable sum of money. More money was found in appellant’s jacket pocket. The school security officer arrived and advised that money had been taken from the high school office that day. Upon being advised of his rights, appellant made incriminating statements.

The appellant moved to suppress his statements on the ground that the officer did not have any articulable suspicion to order him out of the car and commence a search. Moreover, he contends that because the officer insisted that appellant remove his shoes, the scope of the search exceeded the officer’s authority.

After an evidentiary hearing, the trial court ruled that the appellant was lawfully arrested for truancy. In addition, the court concluded that the officer had probable cause to fear for his safety. Therefore, the court denied the motion.

The appellant notes, and the state concedes, that the officer could not arrest the appellant child for truancy, because truancy is not a crime. However, the officer did have the authority to stop and transport the juvenile back to school pursuant to section 39.421(l)(b), Florida Statutes (1995). Therefore, his detention of the appellant was authorized.

The trial court also concluded that the second pat down was conducted when the officer feared for his own safety as he drove the juveniles back to school. The officer testified that he saw appellant make furtive movements, remove his shoe, and replace it. The officer was concerned that by not checking appellant’s jacket during the initial pat down, he may have missed a weapon. He testified that there are many types of weapons, including small guns, which could be secreted in a small place. There was no contrary evidence presented.

In Ornelas v. United States, — U.S. —, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996), the Supreme Court held that determinations of reasonable suspicion and probable cause should be reviewed de novo on appeal. The appellate court, however, should review findings of historical fact only for clear error and give due weight to inferences drawn from those facts by trial courts and local law enforcement officials. Id. at —, 116 S.Ct. at 1663. We follow the United States Supreme Court in matters interpreting the Fourth Amendment to the Constitution. Art. I, § 12, Fla. Const. A search pursuant to Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), conducted by an officer in a stop and frisk situation may not extend beyond a pat down of a suspect’s outer clothing unless that pat down or other circumstances leads the officer to conclude that the suspect has a weapon on his person. Thompson v. State, 551 So. 2d 1248 (Fla. 1st DCA 1989); Meeks v. State, 356 So. 2d 45 (Fla. 2d DCA).

In Richardson v. State, 599 So. 2d 703 (Fla. 1st DCA 1992), the first district concluded that in order to conduct a Terry frisk, an officer must have some articulable suspicion to believe that the person is armed with a dangerous weapon. “[T]he police must have ‘some additional articulable suspicions that the person they have stopped may be armed with a dangerous weapon.’ ” Id. at 705 (citation omitted).

Richardson gave examples of types of conduct which could constitute facts giving rise to articulable suspicion, including a suspect’s furtive movements or a bulge in a suspect’s clothing. Id. In the instant ease, the officer’s observation of appellant’s furtive movements in placing something in his shoe combined with the officer’s knowledge of many small weapons which could be secreted led the trial court to place credibility in the officer’s testimony that he feared for his own safety. That inference is permissible based upon the historical facts. Furtive movements in appearing to place something under a car seat constituted articulable suspicion that defendants were armed in State v. Brown, 395 So. 2d 1202 (Fla. 3d DCA).

We think that the furtive movements combined with the appearance of placing something in the shoe was likewise sufficient here.

We find Thompson, cited by appellant, to be distinguishable from this case. In Thompson, the officer conducting a check of a pool hall spotted cocaine rocks next to the defendant. The defendant was ordered to remove his shoes as part of a pat down.

However, the officer admitted that he was not looking for a weapon in the defendant’s shoe. Because of this admission, the court invalidated the seizure of the cocaine found in defendant’s shoe, as the officer had no reasonable suspicion that the defendant was hiding a weapon. Similarly, our prior ease of Cooper v. State, 584 So. 2d 1124 (Fla. 4th DCA 1991), is also distinguishable. In that case, the officer observed the defendant rock back and forth in the seat of the car. Our court specifically pointed out that the deputy did not observe - “any furtive movement or unusual bulge.” Id. at 1125.

In the instant case, the officer observed a furtive movement of the appellant trying to hide something in his shoe. Given the fact that he had not conducted a thorough pat down initially, we hold that this conduct, combined with the officer’s testimony as to his experience with small secreted weapons, was sufficient additional articulable suspicion to justify the search of the appellant’s shoes.

Affirmed.

STONE and STEVENSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (17 total)

  • Hines v. State, 737 So. 2d 1182 (Fla. 1st DCA 1999)
    …storical fact should be reviewed only for “clear error”, with “due weight to be accorded to inferences drawn from those facts” by the lower tribunal. Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996); C.G. v. State, 689 So. 2d 1246, 1248 (Fla. 4th DCA 1997). We must construe all the evidence, and reasonable inferences therefrom, in a manner most favorable to sustaining the trial court’s ruling. Owen v. State, 560 So. 2d 207, 211 (Fla.1990). We review the trial court’s applicat…
  • Dewberry v. State, 905 So. 2d 963 (Fla. 5th DCA 2005)
    …n search), cert. denied, 465 U.S. 1051, 104 S.Ct. 1330, 79 L.Ed.2d 725 (1984); Brown v. State, 863 So. 2d 459, 461 (Fla. 5th DCA 2004) (“Furtive movements may give rise to a reasonable suspicion that someone is armed and dangerous.”); C.G. v. State, 689 So. 2d 1246 (Fla. 4th DCA 1997); State v. Kinnane, 689 So. 2d 1088 (Fla. 2d DCA 1996); State v. Brown, 395 So. 2d 1202 (Fla. 3d DCA), review denied, 407 So. 2d 1102 (Fla.1981); see also State v. Dilyerd, 467 So. 2d 301, 302 (Fla.1985) (holding the search of a c…
  • Harris v. State, 761 So. 2d 1186 (Fla. 4th DCA 2000)
    …es have several times held, we review orders denying suppression of evidence de novo. Walker v. City of Pompano Beach, 763 So. 2d 1146 (Fla. 4th DCA 2000); Melendez v. Sheriff of Palm Beach County, 743 So. 2d 1145 (Fla. 4th DCA 1999); C.G. v. State, 689 So. 2d 1246 (Fla. 4th DCA 1997). The United States Supreme Court has explained the methodology for search and seizure decisions under the Fourth Amendment as follows: “The principal components of a determination of reasonable suspicion or probable cause will b…

Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw