STATE OF FLORIDA, APPELLANT,
v.
STEVEN MCCUNE, APPELLEE
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Florida's Fifth District Court of Appeal reversed the suppression of evidence in a fleeing and eluding case, holding that the lawfulness of the initial police stop is not an element of the fleeing and eluding offense.
The statutory offense of fleeing and eluding does not require the lawfulness of the police action as an element of the offense.
[1] The statutory offense of fleeing and eluding a police officer does not require proof that the initial police stop or attempted stop was lawful.
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Join FLexlaw to unlock all legal intelligence“McCune should have stopped when the officer put on his lights and sounded his siren.”
Court's explanation of the duty imposed by fleeing and eluding statute
McCune was observed driving down the middle of a two-lane residential street in early morning hours. When signaled to pull over by an officer's blue l…
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HARRIS, J.
McCune, after an officer observed him driving down the middle of a two-lane residential street in the early morning hours, was signaled to pull over by the officer’s blue lights. Instead, McCune sped up to 55 miles per hour and raced home with the officer in pursuit. McCune stopped in his driveway and was arrested for fleeing and eluding a police officer. Upon arrest, a metal cannabis pipe was found on his person and an open container was found in his vehicle. McCune moved to suppress the pipe and all statements given by him, as well as all observations pertaining to the fleeing and eluding charge. The court granted the motion to suppress on the basis that the State failed to prove that driving down the middle of the street when there was no other traffic constituted a violation of the law and hence there was no basis for the chase and the . arrest.
We reverse. The law of the District is that regardless of the legality of the initial stop (or attempted stop), the statutory offense of fleeing and eluding-does not require the lawfulness of the police action as an element of the offense. McCune should have stopped when the officer put on his lights and sounded his siren. See Green v. State, 530 So. 2d 480 (Fla. 5th DCA 1988); Jackson v. State, 463 So. 2d 372 (Fla. 5th DCA 1985); section 316.1935, Fla. Stat. (1999). The amendment of the statute since 1985 does not change this law.
REVERSED for further action consistent with this opinion.
THOMPSON, C.J., and PLEUS, J., concur.
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Citator
Cited By
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DeRosa v. Rambosk, 732 F. Supp. 2d 1285 (M.D. Fla. 2010)
Authorities Cited
- Jackson v. State, 463 So. 2d 372 (Fla. 5th DCA 1985)
- Green v. State, 530 So. 2d 480 (Fla. 5th DCA 1988)