RANDY THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2000-01-07
No. 5D99-1097
PETERSON and GRIFFIN, JJ., concur.
748 So. 2d 363 Florida District Court of Appeal, Fifth District (2000) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Randy Thomas challenges his cocaine conviction on appeal, arguing his detention and search were unlawful. The Florida Fifth District Court of Appeal affirmed the trial court's denial of his motion to suppress, holding that his initial detention was justified under the Florida Mental Health Act (Baker Act) as a protective measure for his apparent mental health crisis, not as a criminal stop.


Holding

The court affirmed the trial court's denial of the motion to suppress, holding that the initial detention was lawful under the Florida Mental Health Act based on Thomas's apparent mental illness and need for protective intervention. The subsequent pat-down search was justified by officer safety following Thomas's claim of possessing weapons.


Headnotes

[1] A law enforcement officer may detain an individual for the purpose of initiating an involuntary mental health examination if the individual exhibits signs of mental illne…

[2] A pat-down search is justified when an individual states they are carrying weapons, even if the search ultimately reveals contraband other than weapons.

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Key Quotes

“A person may be taken to a receiving facility for involuntary examination if there is reason to believe that he or she is mentally ill and because of his or her mental illness... Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being”

Establishes the statutory basis for the Baker Act detention that justified Thomas's initial stop

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Facts & Procedural History

Sheriff's deputies responded to a report of a fight near DeLand, Florida. They encountered Thomas walking alone approximately 2.5 blocks from the repo…

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Opinion of the Court
COBB, J.

COBB, J.

The issue raised by this appeal is the validity of a stop and subsequent discovery of cocaine on the person of the defendant, Randy Thomas. The defendant’s motion to suppress was denied, giving rise to the instant appeal of that dispositive ruling.

The facts reveal that the sheriffs office received a call that a fight was taking place at a certain location south of De-Land, Florida. On their way to investigate, the deputies passed Thomas walking in a northerly direction approximately 2% blocks away from the location where the call originated. Thomas had blood on his face, chest and arms. When questioned by the officers, he said he was walking to DeLand, a distance of some five or six miles. The testimony of the officers was that Thomas at this point was loud, incoherent, and flailing his arms around.

The officers detained Thomas at that point and considered whether to Baker Act him.1 One of the officers conducted a pat-down search of Thomas after the latter’s statement that he was carrying weapons: “guns, knives and all kinds of stuff.” No weapon was detected but drug paraphernalia, which the officers testified felt like a weapon, and cocaine were found on Thomas’s person.

Thomas was charged with possession of cocaine and filed a motion to suppress. The trial judge denied the motion finding the stop and search lawful “as a result of law enforcement exercising other activities other than criminal law enforcement.” On appeal Thomas argues that his detention cannot be sustained as 1) a consensual encounter; 2) an investigatory Terry2 stop; or 3) an arrest supported by probable cause. He maintains his detention was not supported by any well-founded suspicion of criminal activity. See Jeralds v. State, 664 So. 2d 56 (Fla. 5th DCA 1995). Thomas also cites to various other cases in regard to the lack of support for Terry stops and arrests.

None of the cases cited by Thomas, however, deals with an initial detention unrelated to the suspicion of criminal activity. In the instant case, the trial judge found that the initial detention was justified by the Florida Mental Health Act, Chapter 394, Florida Statutes (1997). At the time of the initial detention, Thomas was covered in blood, had some type of head injury, was speaking incoherently, and flailing his arms in an irrational manner. Section 394.463(1), Florida Statutes, provides:

A person may be taken to a receiving facility for involuntary examination if there is reason to believe that he or she is mentally ill and because of his or her mental illness:
(b)l. Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services ....

According to the testimony of the officers, which was accepted as truthful by the trial court, it was their intention to protect Thomas from himself and to initiate involuntary examination pursuant to the Baker Act. After Thomas’s claim to possession of weapons, the search producing the cocaine was justified for the safety of the officers and of Thomas. At that point, the officers apparently decided to initiate criminal charges against Thomas rather than to proceed with involuntary examination pursuant to the Baker Act.

AFFIRMED.

PETERSON and GRIFFIN, JJ., concur. . See § 394.463, Fla. Stat. . See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).


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Citator

Cited By

  • Eastes v. State, 960 So. 2d 873 (Fla. 5th DCA 2007)
    …that Eastes was possibly suicidal and unable to determine for himself whether an examination was necessary. Under these circumstances, the officers were justified in placing him in protective custody for involuntary examination. See Thomas v. State, 748 So. 2d 363 (Fla. 5th DCA 2000) (holding that officers were authorized to detain the defendant pursuant to the Florida Mental Health Act where defendant was covered in blood, had some type of head injury, was speaking incoherently, and flailing his arms in an i…
  • Jones v. State (Fla. 1st DCA 2021)
    …icy, the trial court was entitled to conclude that the officers’ actions were reasonable and that the officers were acting in good faith. We therefore affirm the trial court's denial of the motion to suppress. Id. at 1049; see also Thomas v. State, 748 So. 2d 363, 364 (Fla. 5th DCA 2000) (affirming the denial of the motion to suppress where law enforcement detained the appellant pursuant to the Baker Act and concluding that the subsequent search of his person was justified for the safety of the officers and…

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