E.V., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2014-05-21
No. 3D13-1428
Before ROTHENBERG, FERNANDEZ, and LOGUE, JJ.
138 So. 3d 1163 Florida District Court of Appeal, Third District (2014) Caution
Cited by 1 case

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

A juvenile appeals the denial of his motion to suppress evidence of marijuana possession, arguing the police encounter was not consensual and lacked reasonable suspicion. The court affirmed, finding the encounter was consensual because the officer merely asked the juvenile to speak with him without any show of authority, coercion, or restraint.


Holding

The trial court properly denied the motion to suppress because the encounter was consensual. An officer may initiate a consensual conversation with a citizen without reasonable suspicion, and when an officer merely asks a suspect to come speak with him without any show of authority, coercion, or aggression, the encounter is consensual if a reasonable person would feel free to disregard the police and go about their business.


Headnotes

[1] A consensual encounter with law enforcement occurs when a reasonable person would feel free to disregard the police and proceed with their business, and does not require…

[2] A trial court's findings of fact in a motion to suppress hearing are presumed correct and are only rebutted if there is no competent substantial record evidence to suppor…

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Key Quotes

“A consensual encounter is one in which a reasonable person would feel free to disregard the police and go about his business. A consensual encounter does not require the police to have a reasonable suspicion of any improper conduct before initiating conversation.”

Establishes the legal standard for consensual encounters and that reasonable suspicion is not required for police to initiate conversation.

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Facts & Procedural History

A police officer observed E.V. standing outside a gas station for approximately thirty minutes and decided to investigate. The officer exited his patr…

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Opinion of the Court
ROTHENBERG, J.

ROTHENBERG, J.

E.V., a juvenile, appeals the trial court’s order denying his motion to suppress evidence and the subsequent order withholding adjudication of delinquency for possession of cannabis. E.V. contends that the police encounter leading to the discovery of the evidence against him was not consensual and was not supported by reasonable suspicion. Because the record supports the trial court’s finding that the encounter was consensual, we affirm.

Although the arresting officer’s and E.V.’s recitation of the facts differed, the trial court, based on its credibility determinations, found the officer’s testimony credible. The officer testified that after observing E.V. standing outside of a gas station for approximately thirty minutes, he decided to investigate. He therefore exited his patrol car and asked E.V. to come towards him. As he and E.V. walked towards each other, the officer got closer to E.V. and smelled burnt marijuana emanating from E.V.’s clothing. When he asked E.V. about the marijuana smell, E.V. immediately handed the officer a small baggie of marijuana and told the officer where E.V. had acquired it. The trial court concluded that the encounter was consensual and therefore denied E.V.’s motion to suppress the evidence.

A trial court’s ruling on a motion to suppress evidence presents a mixed question of fact and law whereby the reviewing court bestows a presumption of correctness to the trial court’s findings of fact, but reviews the application of law to those facts de novo. Connor v. State, 803 So.2d 598, 608 (Fla.2001). The presumption of correctness cloaking the trial court’s findings of fact is rebutted only if there is no competent substantial record evidence supporting that factual determination. Id. “A consensual encounter is one in which a reasonable person would feel free to disre*1165gard the police and go about his business. A consensual encounter does not require the police to have a reasonable suspicion of any improper conduct before initiating conversation.” Chapman v. State, 780 So.2d 1036, 1037 (Fla. 4th DCA 2001) (internal citation omitted) (citing Voorhees v. State, 699 So.2d 602, 608 (Fla.1997)). When determining whether an encounter with the police is consensual, the court must base its determination on the totality of the circumstances. Caldwell v. State, 41 So.3d 188, 197-99 (Fla.2010); 9 (Fla.2009).

In Chapman, the Fourth District Court of Appeal reviewed a strikingly similar set of facts and rejected the defendant’s argument that the officer had effected an investigatory stop by telling the defendant, “Come here ... [m]ay I talk to you?” 780 So.2d at 1038. The Chapman Court held that when an officer merely asks a suspect to come towards him without any additional show of authority or evidence that the officer was “confrontational, coercive, oppressive or dominating,” the encounter is typically considered consensual. Id.

Similar to the facts of Chapman, in the instant case only one officer was present. There was no evidence that the officer activated any emergency equipment on his police vehicle (no lights or sirens were used), drew or displayed his weapon, touched or restrained E.V., or did anything to block E.V.’s exit or hamper E.V.’s movement. The encounter took place outside in a public place. At no time did the officer make a showing of authority or demonstrate aggressive or coercive behavior towards E.V. In fact, E.V. himself testified that, when he came out of the gas station, the officer pulled up and “he asked me come over here.... I proceeded to come to him.” (emphasis added). At no point did the officer demand compliance— he simply asked E.V. if he would speak with him. E.V. was free to walk away and go about his business or to decline to speak with the officer, which is the very hallmark of a consensual encounter. Thus, the encounter was consensual, and E.V.’s motion to suppress the evidence was properly denied.

Affirmed.


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Citator

Cited By

  • State v. Santana, 165 So. 3d 58 (Fla. 3d DCA 2015)
    …ombined with the presence of four or five other officers conducting a police sweep “created a display of authority sufficient to convince a reasonable juvenile that he had no choice but to comply with the detective’s direction”), with E.V. v. State, 138 So. 3d 1163, 1165 (Fla. 3d DCA 2014) (holding a juvenile’s encounter with one police officer was consensual where the juvenile testified that the officer “asked me come over here”). Affirmed.…

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