STATE OF FLORIDA, APPELLANT,
v.
SHANTAVIOUS AUGUSTA WILSON, APPELLEE
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Florida appealed a trial court's suppression order in a case where police arrested Wilson for obstructing an officer after he fled on his bicycle. The appellate court reversed, holding that the arrest for obstruction was lawful because Wilson refused to stop for a valid traffic stop and fled from officers.
The arrest for obstructing an officer without violence was lawful and the subsequent search was valid. Although a full custodial arrest for a traffic violation alone is improper, Wilson's refusal to stop and flight from officers constituted obstruction of the officers' legal duty, providing independent grounds for a lawful arrest.
[1] An officer may lawfully attempt to stop a cyclist for violating a statute requiring lights on a bicycle after dark.
[2] Fleeing from officers after being lawfully stopped for a traffic violation justifies an arrest for obstructing an officer.
Previewing 2 of 4 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“While we agree with appellee that a full custodial arrest for violation of a municipal ordinance is improper, such was not the case here.”
Establishes the distinction between arresting for the traffic violation itself versus arresting for obstruction that occurred during the traffic stop.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOfficers Velez and McGinnis observed Wilson riding his bicycle westbound in eastbound traffic without front or rear lights at approximately 8:45 p.m. …
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CAMPBELL, Acting Chief Judge.
The State challenges the trial court order granting appellee’s motion to suppress evidence seized following his arrest for opposing or obstructing an officer without violence. We agree with the State that appellant’s arrest and the subsequent search were valid and reverse.
At the hearing on appellee’s motion to suppress, Officers Velez and McGinnis testified that they observed appellee riding his bicycle westbound in eastbound traffic with no front or rear light at approximately 8:45 p.m. Officer Velez stated that he rolled down his window, turned on the patrol car’s emergency equipment, and told appellee to stop. Appellee then fled on his bicycle with the officers in pursuit. Appellee eventually lost his footing, fell to the ground, and ran. The officers apprehended appellee and placed him in custody. A subsequent search revealed a small .25 caliber handgun in appellee’s right front pocket and two rounds of .32 caliber ammunition in his left pocket.
On appeal, appellee contends that the order granting his motion to suppress the seized evidence was proper and cites Thomas v. State, 614 So. 2d 468 (Fla.1993), for the proposition that following the violation of a traffic ordinance an officer is only allowed to detain an individual for purposes of writing a citation. While we agree with appellee that a full custodial arrest for violation of a municipal ordinance is improper, such was not the case here.
The record reveals that the officers were justified in attempting to stop appellee for operating a bicycle without lights after dark in violation of section 316.2065(8), Florida Statutes (1997). It was only after appellee refused to stop and ran from the officers that he was apprehended and searched. Under these circumstances, appellee obstructed the officers in the performance of their legal duty in violation of section 843.02, Florida Statutes (1997). See R.L.L. v. State, 466 So. 2d 1230 (Fla. 2d DCA 1985). Appellee’s arrest for opposing an officer without violence and the resulting search were therefore proper.
Accordingly, we reverse and remand for further proceedings.
FRANK and GREEN, JJ., concur.
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RAY v. State, 849 So. 2d 1222 (Fla. 4th DCA 2003)…tate, 803 So. 2d 598 (Fla.2001), cert. denied, 535 U.S. 1103, 122 S.Ct. 2308, 152 L.Ed.2d 1063 (2002)), cert. denied, — U.S. -, 123 S.Ct. 2278, 156 L.Ed.2d 137 (2003). There is no question that the stop itself was valid. See, e.g., State v. Wilson, 725 So. 2d 1143 (Fla. 2d DCA 1998). Since the stop was valid, the question becomes whether the deputy’s weapons pat-down was permissible. Following a stop, “police officers are authorized to execute a pat-down for weapons only where they have a reasonable suspicion…
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Caraballo v. State, 753 So. 2d 695 (Fla. 4th DCA 2000)…n for the traffic violation rather than arresting the defendant. In Knowles the Supreme Court held that the fourth amendment does not authorize a full automobile search under those circumstances. The present case is very similar to State v. Wilson, 725 So. 2d 1143 (Fla. 2d DCA 1998), in which the officers attempted to stop the defendant for operating a bicycle without lights after dark, but he ran. When the officers caught up with him, they arrested him for obstructing them in the performance of their legal d…
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B.M.C. v. State, 859 So. 2d 1242 (Fla. 5th DCA 2003)…PER CURIAM. AFFIRMED. See Illinois v. Wardlow, 528 U.S. 119, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000); State v. Wilson, 725 So. 2d 1143 (Fla. 2d DCA 1998). SAWAYA, C.J., PALMER and MONACO, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thomas v. State, 614 So. 2d 468 (Fla. 1993)
- R.L.L. v. State, 466 So. 2d 1230 (Fla. 2d DCA 1985)