J.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1998-10-14
No. 97-3757
WARNER and KLEIN, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
718 So. 2d 1280 Florida District Court of Appeal, Fourth District (1998) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Following a routine traffic stop for failing to use a turn signal, the officer ordered the appellant, a passenger, to get out of the car. After observing a cylindrical bulge about four inches by two inches in one of appellant’s pockets, the officer asked appellant what was in his pocket. Appellant responded that they were “drug pipes.” The officer removed the pipes, detected the odor of marijuana, and arrested appellant.

Appellant entered a plea, reserving his right to appeal, and argues on appeal that the officer did not have reasonable suspicion to order him out of the car in which he was a passenger. We disagree. Because of the dangers which police officers encounter in stopping vehicles, they, as a matter of routine, may order a passenger to get out of a lawfully stopped vehicle without reasonable suspicion. Maryland v. Wilson, 519 U.S. 408, 117 S.Ct. 882, 137 L.Ed.2d 41 (1997). The trial court was therefore correct in denying the motion to suppress.

Affirmed.

WARNER and KLEIN, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.


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  • A.F. v. State, 850 So. 2d 667 (Fla. 4th DCA 2003)
    …or drug activity and a lot of drug parapherna- [*669] lia and alcohol bottles had been found there. The officer was engaged in this lawful performance of his duties when he asked A.F. to step out of the car as a safety precaution. See J.B. v. State, 718 So. 2d 1280 (Fla. 4th DCA 1998)(reeogniz-ing that as a matter of routine, a police officer may order a passenger to get out of a lawfully stopped vehicle). We note that in this case, there was no search of the car or search of the individuals and there is no su…

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