CHARLES BAKER RIDDLEHOOVER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This case reviews whether evidence found during a search of a defendant's automobile, initiated under the pretext of a minor traffic violation, should have been suppressed. The court found the search unreasonable and reversed the conviction.
Yes, the trial court erred in denying the motion to suppress. The search was unreasonable because the traffic stop was a pretext for an exploratory search for unrelated offenses.
“It is evident that the pretext of a minor traffic violation was used by the police to stop Riddlehoover's car and search it without a search warrant for violations of unrelated offenses. This cannot be sustained.”
Establishes the court's finding that the traffic stop was a pretext for an unlawful search.
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Join FLexlaw to unlock all legal intelligenceThe defendant, Charles Baker Riddlehoover, was stopped by police for a minor traffic violation. The police then searched his automobile without a warr…
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Riddlehoover appeals from an adjudication of guilt and sentence for unlawful possession of a firearm by a convicted felon.
The question raised on appeal is whether the trial court erred in denying his motion to suppress certain evidence found during an allegedly unreasonable search and seizure of the defendant’s automobile.
It is evident that the pretext of a minor traffic violation was used by the police to stop Riddlehoover’s car and search it without a search warrant for violations of unrelated offenses. This cannot be sustained. See: Byrd v. State, Fla.1955, 80 So.2d 694; Ippolito v. State, Fla.1955, 80 So.2d 332; Collins v. State, Fla.1953, 65 So.2d 61; Brown v. State, Fla.1953, 62 So. 2d 348; Graham v. State, Fla.1952, 60 So. 2d 186; Burley v. State, Fla.1952, 59 So.2d 744. Where the primary purpose of an arrest appears to have been a pretext for making an unrelated, exploratory search of the defendant, or his car, the search is not justified. See Chapman v. State, Fla.App. 1964, 158 So.2d 578.
We therefore find error in the denial of Riddlehoover’s motion to suppress the evidence seized by the police officers from his automobile and its admission into evidence over his objections. Inasmuch as this evidence constituted the crux of the State’s case against the defendant, the adjudication of guilt and sentence is hereby reversed and the defendant is discharged from the cause.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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State v. Gustafson, 258 So. 2d 1 (Fla. 1972)…and therefore improper, where a person is stopped in a vehicle “only as a pretext for a warrantless search.” These are indeed exploratory and not truly incident to arrest since the search is the primary purpose of the arrest. Riddlehoover v. State, 198 So. 2d 651 (3d DCA Fla.1967); Chapman v. State, 158 So. 2d 578 (3d DCA Fla.1963). The district court turns to Illinois for a different view than that which has been established in Florida. The opinion quotes from People v. Watkins, 19 Ill.2d 11, 166 [*4] N.E.…
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State v. Holmes, 256 So. 2d 32 (Fla. 2d DCA 1971)…[*35] 2d 867; Brown v. State, Fla.1956, 91 So. 2d 175; Cameron v. State, Fla.App. 1st 1959, 112 So. 2d 864; Smith v. State, Fla.App.2d 1963, 155 So. 2d 826; Beacham v. State, Fla.App.3d 1905, 175 So. 2d 796; Riddlehoover v. State, Fla.App. 3d 1967, 198 So. 2d 651; Gagnon v. State, Fla.App.3d 1968, 212 So. 2d 337; Smith v. State, Fla.App.2d 1969, 228 So. 2d 613; Gustafson v. State, Fla.App. 4th 1971, 243 So. 2d 615. See also Brine-gar v. State, 1953, 97 Okl.Cr. 299, 262 P. 2d 464; Note, Search and Seizure-Sea…
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Thomas v. State, 297 So. 2d 850 (Fla. 4th DCA 1974)…cy of a car to pass a police cruiser and a glance at the police by a passenger does not give probable cause to believe the car is stolen. The stop here can only be classified as an exploratory one based on unfounded suspicion. Riddlehoover v. State, 198 So. 2d 651 (3d D.C.A.Fla.1967). (2) The evidence was insufficient to convict this defendant of possession of the cocaine found in the bag on the floor between the co-defendant’s legs and the motion for direct verdict should have been granted as to Count I. In…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Collins v. State, 65 So. 2d 61 (Fla. 1953)
- Byrd v. State, 80 So. 2d 694 (Fla. 1955)
- Graham v. State, 60 So. 2d 186 (Fla. 1952)
- Brown v. State, 62 So. 2d 348 (Fla. 1952)
- Chapman v. State, 158 So. 2d 578 (Fla. 3d DCA 1963)
- Ippolito v. State, 80 So. 2d 332 (Fla. 1955)
- Burley v. State, 59 So. 2d 744 (Fla. 1952)