J.E., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the seizure argument was not preserved for appeal, but even if it were, reasonable suspicion existed for the police stop.
[1] A seizure argument is not preserved for appeal if it was not raised in the trial court.
[2] A police officer may have reasonable suspicion to investigate a vehicle parked in a closed park after dark when the area is known for criminal activity and the vehicle is…
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Join FLexlaw to unlock all legal intelligencePolice observed a car parked late at night in an area known for criminal activity. The car had no trailer or boat, despite being near a closed boat ra…
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PER CURIAM.
J.E., a child, appeals from his adjudication of guilt for possession of cocaine, hashish and cannabis under 20 grams.1 He argues his motion to suppress the evidence of the contraband should have been granted. He pled nolo contendere and preserved his right to appeal the suppression issue. We affirm.
At the suppression hearing, defense counsel argued that the police •wrongfully seized a tin containing marijuana and cocaine after it was handed to them by J.E.’s companion while they were sitting in J.E.’s car. On appeal, J.E. argues that the unconstitutional seizure occurred when a policeman blocked his car and shined his lights on the car. A police officer on routine patrol observed J.E.’s car, parked in the woods after dark (11:22 p.m.) near an area close to a boat ramp and car park. The car park was closed except for boaters. But J.E.’s car had no trailer or boat attached. The officer also knew the park area had been the scene of others smoking marijuana or crack cocaine, and the neighborhood had been the scene of a number of burglaries. The police stop led to the discovery of the contraband, which J.E. now argues was a stop without founded or reasonable suspicion. See Popple v. State, 626 So. 2d 185 (Fla.1993).
We agree with the state that this seizure argument was not preserved for appeal. Archer v. State, 613 So. 2d 446, 448 (Fla. 1993); Harris v. State, 711 So. 2d 1220, 1221 (Fla. 5th DCA 1998); Green v. State, 711 So. 2d 69, 70 (Fla. 4th DCA 1998). However, even if it had been, because of the location of the car, the time of night, and the events that had previously occurred in the park, which were known to the police officers, we think the police officers had a reasonable suspicion that criminal activity might be occurring in J.E.’s car. See Bowen v. State, 685 So. 2d 942, 943 (Fla. 5th DCA 1996). § 901.151(2), Fla. Stat.; State v. Webb, 398 So. 2d 820, 822 (Fla.1981).
AFFIRMED.
W. SHARP, THOMPSON and ANTOON, JJ., concur. . § 893.13(6)(a), Fla. Stal. (1997).
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Citator
Cited By
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State v. Taylor, 826 So. 2d 399 (Fla. 3d DCA 2002)…on where police observe legally parked car in parking lot at 1:20 a.m.). Compare Mendez v. State, 678 So. 2d 388 (Fla. 4th DCA 1996)(affirming denial of suppression motion where car was observed illegally stopped in middle of street); J.E. v. State, 731 So. 2d 788 (Fla. 5th DCA 1999)(affirming denial of suppres [*404] sion motion where car observed in park closed to cars without boats); State v. Roux, 702 So. 2d 240 (Fla. 5th DCA 1997)(reversing suppression because, although police could not detain defendant…
Authorities Cited
- Tedd J. Popple v. State, 626 So. 2d 185 (Fla. 1993)
- State v. Webb, 398 So. 2d 820 (Fla. 1981)
- Archer v. State, 613 So. 2d 446 (Fla. 1993)
- Bowen v. State, 685 So. 2d 942 (Fla. 5th DCA 1996)
- Green v. State, 711 So. 2d 69 (Fla. 4th DCA 1998)
- Harris v. State, 711 So. 2d 1220 (Fla. 5th DCA 1998)