JOHNNY DIAZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the continued detention of the driver after the officer determined the temporary tag was proper was illegal.
A deputy initiated a traffic stop because he could not read a temporary tag on a vehicle. Upon approaching the vehicle, the deputy could read the tag …
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DAVIS, Judge.
Johnny Diaz challenges his conviction and sentence for felony driving with a suspended license. He argues that the trial court erred in denying his motion to suppress the identification evidence he provided the police when stopped. We agree and reverse.
A Hillsborough County Deputy Sheriff observed a vehicle driven by Diaz pass by with a temporary tag on the top of the rear window. Because he could not read the tag, the deputy initiated a traffic stop. At the suppression hearing, the deputy testified that as he approached the car he could clearly read the tag including the expiration date and found nothing improp er. He walked up to the driver’s side of the car and obtained information from Diaz, the driver, which ultimately led to the charge against Diaz of felony driving with a suspended license.
These facts are almost identical to those in Palmer v. State, 753 So. 2d 679 (Fla. 2d DCA 2000), in which this court determined that once the officer found the temporary tag to be proper, no further stop or inquiry was justified. The court there stated: “However, once Deputy Harris determined that Palmer’s license tag had not expired, the justification for the stop ended, and Palmer should have been free to leave. Palmer’s continued detention after the justification for the stop ended was illegal.” Id. at 680. Accordingly, we reverse Diaz’s conviction.
However, because the Fourth District in State v. Wikso, 738 So. 2d 390 (Fla. 4th DCA 1999), and the Fifth District in State v. Bass, 609 So. 2d 151 (Fla. 5th DCA 1992), appear to have reached a conclusion contrary to our decision in Palmer, we also certify conflict with Bass and Wikso.
Reversed.
PARKER, A.C.J., and SALCINES, J., Concur.
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Citator
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State v. Diaz, 850 So. 2d 435 (Fla. 2003)…LEWIS, J. We have for review the decision in Diaz v. State, 800 So. 2d 326 (Fla. 2d DCA 2001), which certified conflict with the decisions in State v. Wikso, 738 So. 2d 390 (Fla. 4th DCA 1999), and State v. Bass, 609 So. 2d 151 (Fla. 5th DCA 1992). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Because the law en…
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State v. Baez, 894 So. 2d 115 (Fla. 2004)…and found nothing improper. He walked up to the driver’s side of the car and obtained information from Diaz, the driver, which ultimately led to the charge against Diaz of felony driving with a suspended license. Id. at 436 (quoting Diaz v. State, 800 So. 2d 326, 326-27 (Fla. 2d DCA 2001)). There, we held that based upon the totality of the facts presented, “the law enforcement officer ... had no justification for continuing the restraint of [the] motorist and obtaining information from him after it was cle…
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Blackwelder v. State, 853 So. 2d 479 (Fla. 2d DCA 2003)…five charges and reserved the right to appeal the denial of the dispositive motion to suppress. This case is controlled by State v. Diaz, 850 So. 2d 435 (Fla. 2003), in which the Florida Supreme Court affirmed this court’s opinion in Diaz v. State, 800 So. 2d 326 (Fla. 2d DCA 2001). The facts of Diaz are similar to the facts of the instant case. In Diaz, an officer stopped a vehicle because the officer could not read a portion of a temporary tag. 850 So. 2d at 480. As the officer approached the vehicle, the…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tragus Palmer v. State, 753 So. 2d 679 (Fla. 2d DCA 2000)
- State v. Bass, 609 So. 2d 151 (Fla. 5th DCA 1992)
- State v. Wikso, 738 So. 2d 390 (Fla. 4th DCA 1999)