MICHAEL SPECTOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Michael Spector was convicted of cocaine possession and paraphernalia possession based on a search following a traffic stop. The court reversed his convictions because law enforcement lacked the required reasonable suspicion to stop his van, as the officer observed no actual criminal activity despite suspecting narcotics transactions in the parking lot.
The stop of Spector's van was not based on well-founded suspicion of criminal activity because the officer observed no actual or imminent criminal activity. The motion to suppress should have been granted, and Spector's convictions are reversed.
[1] A police stop of a vehicle is unlawful if it is not based on a well-founded suspicion of criminal activity.
[2] Observing a van enter a parking lot and be approached by individuals, without any observed exchange of objects or money, does not establish a well-founded suspicion of cr…
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Join FLexlaw to unlock all legal intelligence“Because law enforcement lacked the well-founded suspicion of criminal activity required to support the stop, we reverse.”
States the core holding that reversal is required due to insufficient suspicion for the stop
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Join FLexlaw to unlock all legal intelligenceA police officer observing a parking lot for narcotics activity saw Spector's blue van pull in. Individuals immediately approached the van from both s…
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BLUE, Acting Chief Judge.
Michael Spector appeals his convictions for possession of cocaine and possession of paraphernalia. He challenges the denial of his dispositive motion to suppress, in which he challenged the validity of the stop of his van by police. Because law enforcement lacked the well-founded suspicion of criminal activity required to support the stop, we reverse.
While observing a parking lot for narcotics activity, a police officer observed a blue van pull into the parking lot. Spector, the driver of the van, was immediately approached by individuals. Spector did not get out of the van and, in less than thirty seconds, drove out of the parking lot. Although the officer saw the van approached by individuals from both the driver’s and the passenger’s sides, the officer observed no exchanges between these individuals and the van’s occupant. The officer was unable to observe any objects, any money, a cupped hand, or the exchange of hand motions. When the van exited the parking lot, the officer radioed for a patrol unit to stop the van. The van was stopped and a crack pipe with cocaine residue and a wooden case used to store marijuana were found in a subsequent search.
In Saadi v. State, 658 So. 2d 112 (Fla. 2d DCA 1995), relied on by the State to support the stop, the officer observed Saadi and another male engaged in conversation. “The black male cupped his hand and held it out to [Saadi], [Saadi] looked down into the hand, then began reaching into his front right pocket. Both [Saadi] and another person walked further toward the house [and disappeared from view for a few seconds].” 658 So. 2d at 112. Here, the officer observed significantly less than what the officer observed in Saadi. Indeed, the officer in the present case did not observe any ongoing or imminent criminal activity.
We conclude that the stop of Spector’s van was not based on a well-founded suspi cion of criminal activity, and the motion to suppress should have been granted. Accordingly, we reverse Spector’s convictions and remand with directions that he be discharged.
Reversed and remanded.
WHATLEY and CASANUEVA, JJ., Concur.