PATRICK LANGELLO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2007-12-19
No. 2D06-2419
STRINGER and CANADY, JJ., Concur.
970 So. 2d 491 Florida District Court of Appeal, Second District (2007) Positive Treatment
Cited by 8 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

Patrick Langello was stopped for a traffic violation based on a single malfunctioning tag light, but the court reversed because the statute required only one operational light and the tag remained clearly legible. The court held the officer's misinterpretation of the statute did not provide probable cause for the stop, making it unconstitutional.


Holding

The court held the stop was unconstitutional because the officer made a mistake of law in interpreting the statute. The statute requires only a single operational light that renders the tag clearly legible, not two functioning lights. Because Langello had one operational light illuminating the tag, he was not violating the statute and the officer lacked probable cause for the stop.


Headnotes

[1] A traffic stop is unreasonable and unconstitutional if police lack probable cause to believe a traffic violation has occurred.

[2] A traffic stop based on a mistaken belief that a vehicle is not equipped as required by law does not establish probable cause.

Previewing 2 of 5 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 automobile stop is ... subject to the constitutional imperative that it not be 'unreasonable' under the circumstances. As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred.”

Establishes the Fourth Amendment standard for traffic stops requiring probable cause of a violation.

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

Langello was stopped by police for having only one of two tag lights illuminating his license plate operational. The officer believed this violated Fl…

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
KELLY, Judge.

KELLY, Judge.

Patrick Langello entered a nolo conten-dere plea to charges of carrying a con cealed firearm and possession of marijuana. He reserved the right to appeal the denial of his motion to suppress the evidence found in his car as a result of a traffic stop for a broken tag light. We reverse on the ground that the stop was unconstitutional because one of the two tag lights illuminating his license plate was operating and, therefore, there was no traffic violation to justify the stop.

“An automobile stop is ... subject to the constitutional imperative that it not be ‘unreasonable’ under the circumstances. As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred.” Whren v. United States, 517 U.S. 806, 810, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996). Police stopped Langello’s car because only one of two lights illuminating his tag was operational. The officer who stopped Lan-gello believed this violated section 316.221(2), Florida Statutes (2004).

Section 316.221(2) requires vehicles to be equipped with “either a taillamp or a separate lamp” that is “placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear.” The officer who stopped Langello acknowledged that although one tag light was not working, the car had a second light illuminating the tag. When asked whether the tag was rendered illegible because of the single malfunctioning light, she testified that she could not recall.

Langello argues that the statute requires only a single operational light and that the officer erroneously focused on whether both tag lights were functioning instead of on whether the tag was “clearly legible.” He contends that as long as he had a single operational light and the tag was “clearly legible,” he was not violating the statute and the officer did not have probable cause to stop him.

We agree. In Gordon v. State, 901 So. 2d 399 (Fla. 2d DCA 2005), police officers conducted a traffic stop of Gordon’s car on the mistaken belief that driving with an object hanging from the rearview mirror constituted a traffic infraction. Id. at 405. The court held that the officers’ misapprehension of the law did not establish probable cause to stop the vehicle. Id. Here, as in Gordon, the officer’s belief that there was an equipment violation because only one tag light was working was a mistake of law which did not establish probable cause to stop Langello’s car.

The State contends that even if Langello did not violate section 316.221(2), the stop was proper under section 316.610(1), Florida Statutes (2004).

Section 316.610(1) gives a police officer authority to require the driver of a car to stop and submit to an inspection if the officer has reasonable cause to believe that the car is unsafe or not equipped as required by law. See State v. Schuck, 913 So. 2d 69 (Fla. 4th DCA 2005) (holding that a police officer lawfully stopped the defendant’s car based on the reasonable belief that the taillight was broken, which was an equipment violation).

However, as explained above, the State did not establish that Langello’s car was not equipped as required by law, and it made no attempt to establish that the car was unsafe.

Accordingly, the stop was not authorized under section 316.610(1). See Hilton v. State, 961 So. 2d 284, 290 (Fla.2007) (holding that a stop for a cracked windshield is permissible only where an officer reasonably believes that the crack renders the vehicle in an unsafe condition). Because the police did not have probable cause to believe that Langello had committed a traffic violation, the stop of his car was unlawful, and the trial court should have granted Langello’s motion to suppress.

Accordingly, we reverse and remand with directions to discharge Langel-lo.

Reversed and remanded.

STRINGER and CANADY, JJ., Concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Lawshea v. State, 99 So. 3d 603 (Fla. 2d DCA 2012)
    …t a finding that he was engaged in the lawful execution of a legal duty when he ordered Lawshea to stop. See Hilton v. State, 961 So. 2d 284, 294-98 (Fla.2007) (noting that officer’s mistake of law undercuts reasonable suspicion); Langello v. State, 970 So. 2d 491, 491 (Fla. 2d DCA 2007) (finding police lacked probable cause for stop based on mistake of law). Accordingly, we reverse Lawshea’s conviction for resisting without violence. Finally, in an argument that would affect all three convictions, Lawshea a…
  • Peterson v. State, 264 So. 3d 1183 (Fla. 2d DCA 2019)
    …ate, 225 So. 3d 688, 703 (Fla. 2017) (quoting Wyche v. State, 987 So. 2d 23, 25 (Fla. 2008)). Generally, traffic stops are deemed reasonable "where the police have probable cause to believe that a traffic violation has occurred." Langello v. State, 970 So. 2d 491, 492 (Fla. 2d DCA 2007) (quoting Whren v. United States, 517 U.S. 806, 810 (1996)). The validity of a traffic stop is judged on an objective basis, and therefore, "the subjective knowledge, motivation, or intention of the individual officer involve…
  • Davison v. State, 15 So. 3d 34 (Fla. 1st DCA 2009)
    …ral matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred.” Whren v. United States, 517 U.S. 806, 810, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996); Langello v. State, 970 So. 2d 491 (Fla. 2d [*35] DCA 2007). The appellant relies on Lan-gello in support of his contention that so long as the rear registration tag was clearly legible from 50 feet, as section 316.221, Florida Statutes (2007), requires, the officer did not have prob…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw