STATE OF FLORIDA, APPELLANT,
v.
O.S., A CHILD, APPELLEE
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Drugs seized incident to arrest should not have been suppressed because a battery on an officer constitutes probable cause for arrest, even if the initial detention was unlawful.
Officers had reasonable suspicion to pursue a suspect who fled and punched an officer. The suspect was arrested for battery on an officer, and drugs w…
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WARNER, C.J.
The trial court granted a motion to suppress, finding that there was no reasonable suspicion to stop the appellant. We reverse based on State v. Roux, 702 So. 2d 240, 241 (Fla. 5th DCA 1997), which holds that even where an agent illegally detains a defendant, a battery committed on the officer constitutes probable cause for arrest, and drugs seized in a search incident to the arrest should not have been suppressed.
In the instant case, the officers had reasonable suspicion to pursue the suspect who was trying to peer into their passing vehicle in an area known for drug transactions, as though he was preparing to make a drug transaction. He then fled from their approach. See Illinois v. Wardlow, 528 U.S. 119, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000) (defendant’s unprovoked flight from officers in area of heavy narcotics trafficking support reasonable suspicion that defendant was involved in criminal activity and justified stop). The evidence is uncontradicted that appellant fled right into one of the officers who was wearing a police vest. The officer testified that in attempting to get away appellant punched him four or five times.
In granting the motion to suppress, the trial judge was of the impression that the officers trapped the fleeing defendant without the right to stop him. Until Wardlow, the trial judge would have been correct, because Florida courts have held that flight from an officer under such circumstances does not give rise to reasonable suspicion to stop a suspect. See, e.g., Pritchett v. State, 677 So. 2d 317, 320 (Fla. 1st DCA 1996). Wardlow has effectively overruled that precedent and as this issue is one of Fourth Amendment law, we are bound by the determinations of the United States Supreme Court. See Art. I, § 12, Fla. Const. Reversed.
FARMER and TAYLOR, JJ., concur.
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Citator
Cited By
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McMASTER v. State, 780 So. 2d 1026 (Fla. 5th DCA 2001)…56 (Fla.1993); Bernie v. State, 524 So. 2d 988 (Fla.1988); Gandy; Warren. Thus Ward-low, a decision that is binding on this court, has effectively overruled Pritchett, Gipson, Bastien and other Florida cases with similar holdings. See State v. O.S., 767 So. 2d 509 (Fla. 4th DCA 2000); Copeland v. State, 756 So. 2d 180 (Fla. 2d DCA 2000). [*1030] In Wardlow, the Court held that although presence in a high crime area is not sufficient to justify a stop of an individual, it is a factor that may be considered alo…
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F.E.A. v. State, 804 So. 2d 528 (Fla. 1st DCA 2002)…DCA 2001)(collecting cases). However, Wardlow holds to the contrary, and because we are bound to follow it pursuant to article I, section 12 of the Florida Constitution, numerous Florida cases have been overruled. Id. (citing cases); State v. O.S., 767 So. 2d 509 (Fla. 4th DCA 2000)(same). In Copeland v. State, 756 So. 2d 180, 181 (Fla. 2d DCA 2000), the same court that decided Jordan held that officers had reasonable suspicion to stop and investigate Copeland, citing Wardlow. Officers were on patrol in a h…
Authorities Cited
- Illinois v. Wardlow, 528 U.S. 119 (U.S. 2000)
- State v. Roux, 702 So. 2d 240 (Fla. 5th DCA 1997)
- Nebraska Pritchett and Linnon Harris v. State, 677 So. 2d 317 (Fla. 1st DCA 1996)