E.F., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court reversed the trial court's denial of a motion to suppress evidence, finding that the investigatory stop lacked the necessary founded suspicion required under Terry v. Ohio and Florida law.
Evidence obtained during an investigatory stop must be suppressed when the police officer lacks the necessary founded suspicion to support the stop.
[1] An investigatory stop that lacks founded suspicion violates the Fourth Amendment and Terry doctrine, requiring suppression of evidence obtained during such unlawful deten…
Previewing 1 of 1 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“If a police officer does not have the necessary founded suspicion to support the investigatory stop, the evidence obtained during the invalid search must be suppressed.”
Phillips v. State, cited for the principle that founded suspicion is required to justify an investigatory stop.
The appellant was stopped by police, and evidence was obtained during that stop. The appellant pled nolo contendere while reserving the right to appea…
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PER CURIAM.
Pursuant to the state’s proper confession of error, we reverse the trial court’s order denying the Appellant’s motion to suppress unlawfully obtained evidence.1 See § 901.151, Fla. Stat. (2001); Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Wong Sun v. United States, 371 U.S. 471, 484, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963); J.L. v. State, 727 So. 2d 204, 206 (Fla.1998), aff'd, 529 U.S. 266, 120 S.Ct. 1375, 146 L.Ed.2d 254 (2000) (holding that anonymous tip was insufficient to justify a Tern/ stop, absent indication that police independently observed suspicious or illegal conduct); Phillips v. State, 781 So. 2d 477 (Fla. 3d DCA 2001) (“If a police officer does not have the necessary founded suspicion to support the investigatory stop, the evidence obtained during the invalid search must be suppressed.”) (citations omitted); L.M. v. State, 694 So. 2d 118 (Fla. 3d DCA 1997) (holding that an anonymous tip does not give rise to reasonable suspicion sufficient to justify temporary detention); T.W.C. v. State, 666 So. 2d 217 (Fla. 2d DCA 1995) (holding that deputy did not have a reasonable suspicion that minor had committed or was committing an offense, and even if there was a basis for a protective search, the search exceeded a pat-down of the outer clothing).
We reverse and remand with directions to discharge the Appellant.
Reversed and remanded.
. The Appellant pled nolo contendere, expressly reserving his right to appeal.
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Authorities Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968)
- Wong SUN v. United States, 371 U.S. 471 (U.S. 1963)
- Florida v. J. L., 529 U.S. 266 (U.S. 2000)
- J.L. v. State, 727 So. 2d 204 (Fla. 1998)
- L.M. v. State, 694 So. 2d 118 (Fla. 3d DCA 1997)
- T.W.C. v. State, 666 So. 2d 217 (Fla. 2d DCA 1995)
- Phillips v. State, 781 So. 2d 477 (Fla. 3d DCA 2001)