THE STATE OF FLORIDA, APPELLANT,
v.
E.A., A JUVENILE, APPELLEE
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The State appeals the trial court's order suppressing evidence against juvenile E.A. The appellate court reverses, finding the trial court failed to make adequate factual findings on credibility regarding whether a Fourth Amendment seizure occurred, which is necessary to determine probable cause for the arrest.
The trial court erred by granting the suppression motion without making credibility findings to resolve conflicting testimony on whether a Fourth Amendment seizure took place. The credibility resolution is necessary to determine probable cause for the arrest.
[1] A trial court's order granting a motion to suppress must contain adequate findings of fact to resolve credibility issues necessary for determining whether a Fourth Amendm…
[2] The State preserves an issue for appeal when the trial court grants a motion to suppress without addressing probable cause, leaving the State no opportunity to object to…
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Join FLexlaw to unlock all legal intelligence“The factual resolution on credibility is necessary in order to determine whether or not there was a Fourth Amendment seizure before addressing probable cause for the seizure of the marijuana and ensuing arrest of E.A.”
Establishes the critical requirement for trial courts to make credibility findings on whether a seizure occurred before analyzing probable cause.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA Miami-Dade police officer approached a vehicle blocking a driveway entrance. The officer smelled burnt marijuana from the car and saw E.A. holding a…
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The State appeals an order granting juvenile E.A.’s motion to suppress. We reverse and remand for the trial judge to *1007enter adequate findings of fact determining the credibility of testimony on the issue of whether or not a seizure within the Fourth Amendment had occurred to implicate a finding on probable cause.
At the motion to suppress hearing, on December 27, 2007, a Miami-Dade police officer testified that he approached the car in which E.A. was a passenger because the vehicle was blocking the entrance to the driveway to a residence. As the officer approached the vehicle, he smelled the odor of burnt marijuana emanating from the car. He shined his flashlight through the open window and saw E.A. holding a bag of suspect marijuana between his legs. The officer removed E.A. from the car and placed him under arrest. E.A. testified that his car was parked next to an abandoned residence. He stated he was across the street from the car when he first saw a police officer. He crossed back to his car and, as he was getting into the car, the officer came out of the bushes, approached E.A. with his gun drawn and ordered him out of the vehicle. E.A. consented to a search of his person and contends that the officer found nothing. The trial court granted the motion to suppress solely upon the finding that E.A. did not commit a parking violation or law violation and, therefore, there was no reasonable suspicion for the stop.
On appeal, both the defense and the State agree that, in fact, the police officer’s initial approach to the vehicle was lawful. The State asserts error in the trial court’s failure to include in its written order credibility findings resolving the conflict in testimony between E.A. and the police officer. The factual resolution on credibility is necessary in order to determine whether or not there was a Fourth Amendment seizure before addressing probable cause for the seizure of the marijuana and ensuing arrest of E.A. See State v. Deferance, 807 So.2d 806 (Fla. 4th DCA 2002); State v. Polanco, 658 So.2d 1123 (Fla. 3d DCA 1995). The defense asserts the trial court’s order should be affirmed arguing that the State failed to preserve the issue for appeal by failing to get a factual ruling from the trial court. We reject the defense’s argument. A review of the record shows that, because the trial judge first ruled, incorrectly, that there was no reasonable suspicion to uphold the stop, he granted the motion to suppress without ever addressing the issue of probable cause for the arrest. The State was left with no opportunity to object to the failure of the trial court to resolve the conflict in testimony on the issue of whether or not a Fourth Amendment seizure had occurred.
We reverse the order granting the motion to suppress and remand for the trial judge to resolve the conflict in testimony relating to whether there was a seizure under the Fourth Amendment as it relates to probable cause for the arrest of E.A. and for a written order containing the findings.
Reversed and remanded with directions.
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S. M. P. v. State (Fla. 2d DCA 2022)…to that act. Cf. Diaz v. State, 181 So. 2d 351, 353 (Fla. 2d DCA 1965) ("[I]t was entirely within the trial court's province in this particular instance to resolve the disputed question as to whether a legal arrest had been made."); State v. E.A., 35 So. 3d 1006, 1006–07 (Fla. 3d DCA 2010) (reversing and remanding order granting motion to suppress "for the trial judge to enter adequate findings of fact determining the credibility of testimony on the issue of whether or not a seizure within the Fourth Amendm…
Authorities Cited
- State v. Polanco, 658 So. 2d 1123 (Fla. 3d DCA 1995)
- State v. Deferance, 807 So. 2d 806 (Fla. 4th DCA 2002)