GEORGE BAPTISTE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Baptiste was convicted of possession of a firearm by a convicted felon after police conducted a Terry stop based on an anonymous 911 tip reporting he was waving a gun. On appeal, Baptiste challenged the stop as unconstitutional under Florida v. J.L., but the court affirmed, distinguishing the case because the tip described open display of a firearm and the anonymous tipster later appeared and identified himself to officers.
The court held that the stop and seizure were constitutional. Unlike Florida v. J.L., the tip here described the obvious and extremely dangerous fact that a firearm was being openly displayed rather than merely concealed, making the stop reasonable. Additionally, the anonymous tipster became a constitutionally reliable citizen informant when he appeared at the scene and identified himself to officers before the pat-down and seizure.
[1] An anonymous tip describing a person openly displaying a firearm is sufficient to establish reasonable suspicion for a Terry stop.
[2] A tip from an anonymous caller becomes constitutionally reliable when the caller appears at the scene and identifies themselves and the suspect.
Previewing 2 of 3 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“the content of the original tip described not merely the easily falsified and otherwise unverifiable fact that the defendant was carrying a concealed firearm, as in J.L., but rather the quite obvious and extremely dangerous fact that a firearm was being openly displayed”
Establishes the first distinction from J.L.: the tip's content about open display made the stop reasonable
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Join FLexlaw to unlock all legal intelligenceAn anonymous caller reported via 911 that a person matching Baptiste's description was "waving" a firearm in the vicinity. Police immediately stopped …
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SCHWARTZ, Senior Judge.
The defendant’s primary point on this appeal from a jury conviction for possession of a firearm by a convicted felon challenges the denial of his motion to suppress the firearm he claims was unconstitutionally secured.
Baptiste was Terry-stopped by police after. a then-anonymous informant dialed 911 to report that a person who matched his description was “waving” a firearm in the vicinity. Immediately after the stop, the person who called came to the scene and, without giving his name, identified himself as the caller and Baptiste as the person he saw with a gun. A subsequent pat-down and search of Baptiste’s person indeed revealed that he was carrying a nine-millimeter Taurus handgun. The defendant’s argument is based on the fact that when Baptiste was first observed and stopped by the police, he was merely walking down the street and neither had a weapon in plain view or was apparently otherwise violating the law. Relying on Florida v. J.L., 529 U.S. 266, 120 S.Ct. 1375, 146 L.Ed.2d 254 (2000), the defendant contends that the original anonymous tip was insufficient to support the stop and subsequent seizure.
We disagree.
In two vital respects, we distinguish J.L. from this case:
1. In the first place, the content of the original tip described not merely the easily falsified and otherwise unverifiable fact that the defendant was carrying a concealed firearm, as in J.L., but rather the quite obvious and extremely dangerous fact that a firearm was being openly displayed. In these circumstances, the “tip” itself rendered it reasonable for the officer to effect the stop necessary to inquire further.1 See United States v. Perkins, 363 F. 3d 317, 321 (4th Cir.2004) (caller revealed location and basis of knowledge— observing men pointing guns in the front yard of a “known drug house” — reasonable suspicion for stop found), cert. denied, 543 U.S. 1056, 125 S.Ct. 867, 160 L.Ed.2d 781 (2005).
But see United States v. Brown, 401 F. 3d 588 (4th Cir.2005) (anonymous tip alleging illegal possession of firearm that only identifies suspect and his location— reasonable suspicion for stop not found).
2. Again unlike J.L., the “anonymous tipster” who made the 911 call was transmogrified into a constitutionally reliable citizen informant when the caller — before the pat-down search and seizure of the gun — came to the scene and identified himself to the officers. See Chaney v. State, 956 So. 2d 535 (Fla. 4th DCA 2007); Castella v. State, 2007 WL 1426880 (Fla. 4th DCA Case no. 4D06-2495, opinion filed, May 16, 2007)[32 Fla.
L. Weekly D1285]; Manning v. State, 957 So. 2d 111 (Fla. 4th DCA 2007); Carattini v. State, 774 So. 2d 927 (Fla. 5th DCA 2001); Milbin v. State, 792 So. 2d 1272 (Fla. 4th DCA 2001); see also United States v. Heard, 367 F. 3d 1275 (11th Cir.2004), cert. denied, 543 U.S. 913, 125 S.Ct. 235, 160 L.Ed.2d 194 (2004); United States v. Valentine, 232 F. 3d 350 (3d Cir.2000), cert. denied, 532 U.S. 1014, 121 S.Ct. 1748, 149 L.Ed.2d 670 (2001); United States v. Holmes, 360 F. 3d 1339 (D.C.Cir.2004), vacated and remanded on other grounds, 543 U.S. 1098, 125 S.Ct. 1046, 160 L.Ed.2d 992 (2005); United States v. Christmas, 222 F. 3d 141 (4th Cir.2000), cert. denied, 531 U.S. 1098, 121 S.Ct. 830, 148 L.Ed.2d 712 (2001).
See generally J.L., 529 U.S. at 274, 120 S.Ct. 1375 (Kennedy, J., concurring); State v. Maynard, 783 So. 2d 226 (Fla.2001).
We find no merit in the other point presented for reversal.
Affirmed.
. It is admitted that an otherwise justified Terry stop may, as in this case, be effected at gunpoint. See Carroll v. State, 636 So. 2d 1316 (Fla.1994), cert. denied, 513 U.S. 973, 115 S.Ct. 447, 130 L.Ed.2d 357 (1994); State v. Ruiz, 526 So. 2d 170 (Fla. 3d DCA 1988), review denied, 534 So. 2d 401 (Fla.1988), cert. denied, 488 U.S. 1044, 109 S.Ct. 872, 102 L.Ed.2d 995 (1989).
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Fulvio Regalado v. State, 25 So. 3d 600 (Fla. 4th DCA 2009)…fficer seen Regalado threaten anyone else. The informant had not reported that Regalado had threatened anyone with a gun. The officer had not observed any crime take place. The trial court denied the motion to suppress relying on Baptiste v. State, 959 So. 2d 815 (Fla. 3d DCA 2007) (Baptiste I), in which the Third District held that a stop was permissible based upon a tip that a firearm was being openly displayed, when an anonymous informant revealed himself to the officers after the defendant was stopped bu…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (22 total)
- Florida v. J. L., 529 U.S. 266 (U.S. 2000)
- State v. Maynard, 783 So. 2d 226 (Fla. 2001)
- Carroll v. State, 636 So. 2d 1316 (Fla. 1994)
- Bain v. State, 526 So. 2d 170 (Fla. 1st DCA 1988)
- State v. Ruiz, 526 So. 2d 170 (Fla. 3d DCA 1988)
- Carattini v. State, 774 So. 2d 927 (Fla. 5th DCA 2001)
- United States v. Darius Heard, 367 F.3d 1275 (11th Cir. 2004)
- Delva Milbin v. State, 792 So. 2d 1272 (Fla. 4th DCA 2001)
- Darry Chaney v. State, 956 So. 2d 535 (Fla. 4th DCA 2007)
- Simmons v. Bowen, 488 U.S. 1044 (U.S. 1989)