MICHAEL THOMAS FOY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Michael Foy appeals his drug conviction, challenging the lawfulness of a traffic stop based on a call from a woman identifying herself as his mother. The appellate court affirmed, holding that the caller was a reliable citizen informant rather than an anonymous tipster, and that the officer had reasonable suspicion to stop the vehicle.
The court held that the caller was not an anonymous informant but a reliable citizen informant; the traffic stop was supported by reasonable suspicion based on the specificity of the information and corroboration by the officer's observations; and the officer had probable cause to search the vehicle based on plain view observations of a beer can and knife, plus the odor of alcohol.
[1] An investigatory stop requires reasonable suspicion, a standard less demanding than probable cause.
[2] A tip from a citizen informant who identifies herself as the mother of the subject of the tip is not considered an anonymous tip.
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Join FLexlaw to unlock all legal intelligence“although the caller was a previously unknown female, the court finds that the tip was not anonymous because the caller identified herself as the mother of the person about whom she was calling.”
Establishes that self-identification negates anonymity and is crucial to determining informant reliability
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Join FLexlaw to unlock all legal intelligenceOn March 13, 1997, a woman called a police dispatcher identifying herself as the defendant's mother and reported that her son had just left her locati…
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ORFINGER, M., Senior Judge.
Defendant appeals his conviction on various drug charges, having pled no contest with a specific reservation of his right to appeal the denial of his motion to suppress. We affirm.
After the hearing on the motion to suppress, the trial court made the following findings and conclusions:
On March 13, 1997, Officer McCollum was advised by his dispatcher that an unknown female had called and identified herself as the mother of Defendant. The woman stated that her son had just left her location, that he was driving a car and that he was intoxicated, although she could not say on what. She gave specific descriptions of her son, the car, including the make, model and color of the car and the direction in which she believed her son was driving. Shortly after receiving this information, the officer saw a car matching the description given by the caller, being driven by a male matching the description given by the caller and in the location given by the caller. The officer conducted a traffic stop on the vehicle and identified the driver as Defendant. A subsequent search of the vehicle revealed significant amounts of controlled substances and drug paraphernalia which are the basis for these charges. Defendant argues that Officer McCollum lacked probable cause to stop and detain him because the stop was based on an anonymous tip, allegedly uncorroborated by the officer.
First the Court notes that the relevant standard for an investigatory stop is a reasonable suspicion, a less demanding standard than probable cause. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).
Second, although the caller was a previously unknown female, the court finds that the tip was not anonymous because the caller identified herself as the mother of the person about whom she was calling. Further, the tip reflects an indicia of reliability because the caller identified herself, and the information she gave regarding Defendant, his car and his whereabouts was specific. In addition, as in Alabama v. White, 496 U.S. 325, 110 S.Ct. 2412, 110 L.Ed.2d 301 (U.S.Ala.1990), the Court finds that given the specificity of the caller’s information and the totality of the circumstances, significant aspects of the caller’s information were sufficiently corroborated by the officer’s own observations to establish reasonable suspicion for the investigatory stop.
Finally, the officer’s personal observations of a beer can and knife in plain view in the car, along with the odor of alcohol emanating from Defendant’s person provided probable cause for the officer to search Defendant’s vehicle.
We agree that the caller was not an “anonymous informant” as insisted upon by appellant, but rather a “ ‘citizen informant’ whose information is at the high end of the tip— reliability scale.” State v. Evans, 692 So. 2d 216 (Fla. 4th DCA 1997). The traffic stop was based on reasonable suspicion and the search that followed was lawful.
AFFIRMED.
GOSHORN and THOMPSON, JJ., concur.
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State v. Maynard, 783 So. 2d 226 (Fla. 2001)…HARDING, J. We have for review the opinion in Maynard v. State, 742 So. 2d 315 (Fla. 2d DCA 1999), which certified conflict with the opinion in Foy v. State, 717 So. 2d 184 (Fla. 5th DCA 1998). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. For the reasons expressed below, we quash the decision in Maynard. Both of these cases involve the degree of reliability to be given to a…
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State v. Rewis, 722 So. 2d 863 (Fla. 5th DCA 1998)…d that the deputies had not corroborated the facts given in the tip. The state contends that the driver of the semi was a citizen informant, rather than an anonymous one, whose information is. at the high end of the reliability scale. Foy v. State, 717 So. 2d 184 (Fla. 5th DCA 1998); State v. Evans, 692 So. 2d 216 (Fla. 4th DCA 1997). Appellee contends that the identity of the truck driver was unknown, as was his motive for disclosing the information about the operation of the Firebird, so as to put the tip…
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State v. Noemi Gonzalez, 884 So. 2d 330 (Fla. 2d DCA 2004)…2d 226, 230 (Fla.2001). Corroboration is not required, however, at the other end of the spectrum where the tip comes from a “ ‘citizen-informant,’ whose information is at the high end of the tip-reliability scale.” Id. at 230. See also Foy v. State, 717 So. 2d 184, 185 (Fla. 5th DCA 1998), approved sub nom Maynard, 783 So. 2d 226. In Maynard, where the facts surrounding the tip were similar to the facts here, the supreme court held the caller was a citizen-informant and the tip was thus reliable without furt…
Previewing 3 of 8 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)
- Alabama v. White, 496 U.S. 325 (U.S. 1990)
- D & J Indus., Inc. v. ST. Columba Episcopal Church, 692 So. 2d 216 (Fla. 3d DCA 1997)
- State v. Evans, 692 So. 2d 216 (Fla. 4th DCA 1997)