C.E.P., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
C.E.P. pled no contest to the charge of possession of a controlled substance, reserving the right to appeal the denial of his motion to suppress evidence. The dispositive question is whether there was a founded suspicion to support an investigatory stop. Although there were ample grounds for an investigatory stop of other juveniles at the location who were consuming alcohol and interfering with traffic, C.E.P. was not observed to participate, or be about to participate, in such activities. As there was no reasonable suspicion to support the investigatory stop, the contraband seized as a result should have been suppressed. See Louis v. State, 589 So. 2d 430, 431 (Fla. 3d DCA 1991); see also California v. Hodari D., 499 U.S. 621, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991). Based on the record presented, we conclude that the motion to suppress evidence should have been granted. Accordingly, the order under review is reversed and.the cause remanded for further proceedings consistent herewith.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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C.K. v. State, 705 So. 2d 97 (Fla. 3d DCA 1998)…no constitutional basis for an officer to order C.K. “against the wall,” or for the subsequent pat down of the bulge at his waistband1 and the resulting discovery of the firearm which formed the basis of the charges against him. See C.E.P. v. State, 704 So. 2d 1115 (Fla. 3d DCA 1998), and cases cited; Hamilton v. State, 612 So. 2d 716 (Fla. 2d DCA 1993). On this ground alone,2 the gun should have been suppressed and the charges dismissed. The adjudication under review is reversed for this to be done after rema…
Authorities Cited
- California v. Hodari D., 499 U.S. 621 (U.S. 1991)
- Louis v. State, 589 So. 2d 430 (Fla. 3d DCA 1991)