BOBBY LEE SAVIORY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a traffic infraction observed by police officers justified the initial traffic stop, even if the BOLO information was insufficient.
Saviory was convicted of several felonies following a traffic stop. He argued that the initial stop was unlawful, but the officers observed a traffic …
The full statement of facts, procedural history, and disposition for this case are member content.
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W. SHARP, Judge.
Saviory' argues on appeal that the trial court erred in not suppressing physical evidence seized during a traffic stop. Saviory was convicted and sentenced for burglary of an occupied structure, robbery with a firearm, possession of a firearm by a convicted felon and grand theft auto. He pled to the charges, reserving his right to appeal the suppression issue. We affirm.
Although the reports received by the police officers of a robbery and a BOLO for four suspected offenders — black males all wearing all black clothing — was not sufficient to give the police grounds to stop the car which Saviory was driving, the police officers did observe a traffic infraction, which justified the initial stop. Specifically, the police officers observed that a plastic blue cover had been placed over the car’s license plate, making it difficult to read from a distance.
Section 316.605(1) provides that all letters, numerals, printing, writing and other identification marks on the license plate be clear and distinct and that nothing shall be placed on the face of a Florida license plate unless permitted by law. Section 316.605(1) also requires that a license plate be visible from 100 feet away. This tag was not readable at that distance.
Accordingly, the traffic stop was lawful. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996).
AFFIRMED.
COBB and GOSHORN, JJ., concur.
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State v. Kindle, 782 So. 2d 971 (Fla. 5th DCA 2001)…unsafe condition or without the required equipment. Thus, given the inoperative taillights and missing tag, the initial stop of Kindle’s vehicle was clearly lawful. See Welch v. State, 741 So. 2d 1268 (Fla. 5th DCA 1999); see also Saviory v. State, 717 So. 2d 200 (Fla. 5th DCA 1998) (concluding that officers had reasonable basis for a stop of vehicle where license tag was not readable as required by law), rev. denied, 729 So. 2d 394 (Fla.1999); State v. Snead, 707 So. 2d 769 (Fla. 2d DCA 1998) (finding that…
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Welch v. State, 741 So. 2d 1268 (Fla. 5th DCA 1999)…8); Adams v. State, 523 So. 2d 190 (Fla. 1st DCA 1988); State v. Beja, 451 So. 2d 882 (Fla. 4th DCA 1984), cause dismissed, 469 So. 2d 750 (Fla. 1985). . Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996); Saviory v. State, 717 So. 2d 200 (Fla. 5th DCA 1998), rev. denied, 729 So. 2d 394 (Fla.1999); Scott v. State, 710 So. 2d 1378 (Fla. 5th DCA 1998); State v. Snead, 707 So. 2d 769 (Fla. 2d DCA 1998). . See Smith v. State, 735 So. 2d 570 (Fla. 2d DCA 1999) (the authority to remove a…
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Willis v. State, 762 So. 2d 1005 (Fla. 5th DCA 2000)…il traffic infraction. Thus, its violation does not justify an arrest or the search of a vehicle, but does justify a stop. See Sands v. State, 753 So. 2d 630 (Fla. 5th DCA 2000); State v. Parrish, 731 So. 2d 101 (Fla. 2d DCA 1999); Saviory v. State, 717 So. 2d 200 (Fla. 5 th DCA 1998); Holmes v. State, 710 So. 2d 651 (Fla. 4 th DCA 1998); Powell v. State, 649 So. 2d 888 (Fla. 2d DCA 1995). The order denying the motion to suppress determined that Willis had been “properly arrested for violation of F.S. 320.60…
Authorities Cited
- Whren v. United States, 517 U.S. 806 (U.S. 1996)