ERIC SPIKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE; CHAD FREEMAN, APPELLANT, V. STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2001-04-05
Nos. 1D99-4164, 1D99-4224
BENTON, J., concurs; ALLEN, J., dissents with opinion.
781 So. 2d 508 Florida District Court of Appeal, First District (2001) Caution
Cited by 4 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

Eric Spikes and Chad Freeman appealed their drug convictions, arguing the traffic stop that led to the evidence against them violated the Fourth Amendment because the officer lacked reasonable suspicion of criminal activity. The court agreed, finding the officer's suspicions were subjective hunches rather than founded on objective facts, and reversed.


Holding

The court held that no founded suspicion existed. The officer testified he had no suspicion of criminal activity initially and only became suspicious after learning the vehicle was registered to a 72-year-old and was not stolen. The officer's suspicions were subjective hunches ("it just didn't sound right") rather than based on objective and specific facts of actual criminal activity, therefore the stop was improper.


Headnotes

[1] An investigatory stop requires a founded suspicion, based on objective and specific facts, that a person has committed, is committing, or is about to commit a crime.

[2] A subjective hunch or mere suspicion does not provide a proper basis for an investigatory stop.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“An officer without a warrant may detain a person temporarily if the officer has a reasonable, or "founded," suspicion that a person has committed, is committing, or is about to commit a crime.”

Establishes the legal standard for investigatory stops under Florida law and Terry v. Ohio

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

A county deputy observed a vehicle parked on a road shoulder with four young men inside. When asked, they explained they were checking tire pressure (…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
BROWNING, J.

BROWNING, J.

Appellants pleaded no contest to charges of manufacture of cannabis, possession of drug paraphernalia, and possession of alcohol by a minor in the case of Eric Spikes; and manufacture of cannabis, possession of cannabis, possession of drug paraphernalia, and possession of alcohol by a minor in the case of Chad Freeman, and judgments of convictions were entered. Appellants reserved the right to appeal the denial of their motion to suppress evidence, which was determined to be disposi-tive. Appellants argue the evidence is a product of an improper vehicle stop, as the officer did not have a founded suspicion of criminal activity that justifies the investigatory stop of Appellants. We agree and reverse.

This case arose when a county deputy observed a vehicle, in which Appellants and two other young men were parked in a rural area in Washington County on the shoulder of a road about 20 feet from the pavement. The deputy approached Appellant’s vehicle and asked if everything was O.K. The officer was told that the air in the tires of the vehicle was being checked. Neither of the four young men possessed an air gauge. The deputy next asked Appellants where they were from, and where they were going. On being told Panama City, Florida; and Fountain, Florida, respectively, the deputy opined Appellants might be lost, and Appellants agreed they were lost. In response, the deputy gave Appellants directions to Fountain by paved roads, and the deputy proceeded on. As the deputy left, he observed the vehicle tag and called it in to dispatch, which informed him the vehicle was owned by a person1 72 years of age who lived in Washington County, and was not reported as stolen. The deputy then turned, pursued, and stopped the vehicle that resulted in the charges2 against Appellants.

An officer without a warrant may detain a person temporarily if the officer has a reasonable, or “founded,” suspicion that a person has committed, is committing, or is about to commit a crime. § 901.151, Fla. Stat.; Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). On the other hand, the suspicion must be based on objective and specific facts that the person detained is going to or is presently engaged in some actual criminal activity. See Jenkins v. State, 685 So. 2d 918 (Fla. 1st DCA 1996). These factors are applied and interpreted in the light of the officer’s knowledge. See State v. Pye, 551 So. 2d 1237 (Fla. 1st DCA 1989). A mere suspicion or subjective hunch does not provide a proper basis for an investigatory stop. See Turner v. State, 552 So. 2d 1181 (Fla. 4th DCA 1989).

In the instant case, the threshold facts required for an investigatory stop do not exist. The deputy, the sole witness for the State, testified that when he first rode away from such vehicle he had no suspicion of criminal activity. Only after hearing from the dispatcher that such vehicle was not reported as stolen and its owner was 72 years old, did the deputy turn and stop Appellants because, as he testified: “Suspicion of criminal activity? No sir. It just didn’t sound right; their story didn’t jive, so to speak.”, “It seemed suspicious to me that I had four young men in a vehicle owned by a seventy-two year old man,” and “I was curious to know whose car it was and who the driver was, based on the possibility it may be stolen and just hadn’t been reported yet.” [Emphasis added]. Thus, given the testimony of the deputy, it is clear the facts are insufficient to support a well-founded suspicion of criminal activity that justifies an investigatory stop of Appellants. See Graham v. State, 714 So. 2d 1142 (Fla. 1st DCA 1998). The trial court reversibly erred by determining to the contrary and denying Appellants’ motion to suppress.

Accordingly, we REVERSE and REMAND with instructions to discharge Appellants, because the state agreed that the denial of Appellants’ motion to suppress was dispositive.

BENTON, J., concurs; ALLEN, J., dissents with opinion.

. The owner of the car is the grandfather of the driver of such vehicle who had permission to use it.

. Appellants do not contest, and the record is silent concerning, the circumstances surrounding the seizure of the evidence.

Dissent
ALLEN, J.,

ALLEN, J.,

dissenting.

I dissent because the record supports the trial court’s finding that the stop of the automobile was based on the deputy’s founded suspicion that the automobile might be stolen. The deputy’s suspicions were aroused by several things he learned prior to the stop. The occupants of the automobile appeared to be no more than 21 or 22 years old, but the automobile was registered to a man who was 72 years old. The occupants of the automobile claimed to be from Panama City, Bay County, Florida, but the automobile displayed Washington County plates and was registered to a resident of Washington County. The occupants claimed to be traveling from Panama City, Bay County, Florida, to Fountain, Bay County, Florida, but they were actually in Washington County at a location far distant from any logical route between Panama City and Fountain. The deputy sheriff testified that these circumstances collectively caused him to suspect that the automobile might be stolen. He therefore decided to make a brief stop for the purpose of inquiring further. None of the individual circumstances standing alone would have supported a founded suspicion that the automobile might be stolen, but that does not end the inquiry.

In determining whether an officer possesses a reasonable or well-founded suspicion of criminal activity so as to justify an investigatory stop, ‘the totality of the circumstances — the whole picture — must be taken into account.’ Tamer v. State, 484 So. 2d 583, 584 (Fla.1986) (quoting from United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 695, 66 L.Ed.2d 621, 629 (1981)). Thus, even if none of the facts standing alone would give rise to a reasonable suspicion, when taken together, as viewed by an experienced officer, they can provide clear justification for a brief detention. Tamer, 484 So. 2d at 584.

State v. Pye, 551 So. 2d at 1288. The experienced deputy sheriff in this case made a reasonable decision to briefly stop the automobile based on a combination of circumstances that reasonably caused him to suspect that the automobile might be stolen. I would affirm.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • State v. Gonzalez, 840 So. 2d 401 (Fla. 4th DCA 2003)
    …he trial court’s order granting appellee’s motion to suppress evidence obtained when a sheriffs deputy stopped appellee for theft. The trial court held that the officer did not have reasonable suspicion to effect the stop based upon Spikes v. State, 781 So. 2d 508 (Fla. 1st DCA 2001). Because we find the facts of Spikes are distinguishable, and the deputy did have sufficient reasonable suspicion of illegal activity, we reverse. Deputy Henry Zuback (“Deputy Zu-back”) lived on a farm in Loxahatchee owned by Da…
  • E.A.B. v. State, 851 So. 2d 308 (Fla. 2d DCA 2003)
    …such a report. The record supports a conclusion that while the officers may have had a hunch or some suspicion that the Explorer had been stolen, at the time of E.A.B.’s arrest they did not have a legal basis to justify a stop. See Spikes v. State, 781 So. 2d 508, 509 (Fla. 1st DCA 2001) (concluding that officer did not have well-founded suspicion to justify stop of vehicle that had not been reported stolen but had only had a subjective hunch or mere suspicion that the vehicle was stolen); Turner v. State, 5…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw