ROBERT MICHAEL WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1976-01-09
No. 75-706
CROSS and OWEN, JJ., concur.
324 So. 2d 700 Florida District Court of Appeal, Fourth District (1976) Positive Treatment
Cited by 26 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

Wilson appeals his conviction for possession of a concealed firearm, challenging the trial court's denial of his motion to suppress evidence obtained during a stop and frisk. The Fourth District Court of Appeal affirmed the conviction, holding that the officer's stop and frisk were reasonable under Florida's stop-and-frisk statute based on the suspicious circumstances observed.


Holding

The court held that the officer's stop was reasonable given the suspicious circumstances, and that the frisk was justified as a safety measure. The court specifically held that the "probable cause" required by § 901.151(5) does not mean probable cause to make an arrest for weapon possession, and that when a stop is reasonable based on suspicion of a crime of violence, the frisk is justified without requiring additional independent facts such as a visible bulge.


Headnotes

[1] A police officer may stop individuals when the officer has an articulable suspicion that the individuals are engaged in or about to engage in criminal activity.

[2] A frisk of an individual is permissible when the stop is reasonable and the officer has an articulable suspicion of a crime of violence.

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Key Quotes

“Where such a stop is reasonable, however, the right to frisk must be immediate and automatic if the reason for the stop is, as here, an articulable suspicion of a crime of violence.”

Establishes that once a stop is justified by reasonable suspicion of violent crime, the frisk follows automatically without requiring additional justification.

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Facts & Procedural History

On December 12, 1974, Officer Shelton was patrolling a shopping center in a high-crime area. Approximately 20 minutes before closing, he observed Wils…

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Opinion of the Court
DOWNEY, Judge.

DOWNEY, Judge.

This is an appeal from a judgment of conviction of possession of a concealed firearm entered pursuant to a nolo con-tendere plea in which appellant specifically reserved the right to question the validity of an order denying his motion to suppress from use in evidence the firearm involved. The decision in this case requires an interpretation of § 901.151, F.S.1973, commonly known as the “Stop and Frisk law.”

On the evening of December 12, 1974, Officer Charles Shelton was assigned to patrol a shopping center and convenience stores that were high crime areas. Approximately twenty minutes before the closing time of a shopping center drug store, his suspicion was aroused when he observed appellant and a companion in a dark area behind the drug store. Appellant was trying to conceal himself. The companion was backing away toward a motorcycle which was parked behind the store, although vehicles customarily park in front of the store. The officer called appellant and his companion over to the officer’s patrol car and began interrogating them relative to their identity and their purpose in being at that location; he also frisked them for weapons and found a pistol on each of them.

Appellant contends the trial court erred in denying his motion to suppress since the evidence adduced did not justify the officer in stopping appellant and his companion. Additionally, appellant argues that even if the stop was permissible the frisk was not because the officer had no probable cause to believe that either appellant or his companion was armed.

A fair interpretation of the officer’s testimony at the hearing on the motion to suppress is that in view of the circumstances set forth above, the officer suspected that appellant and his companion were about to commit a crime involving the drug store, and he frisked them as a measure to assure his own safety. Accepting as true the facts known to and those observed by the officer on the scene, it is our opinion that the officer’s stopping of appellant and his companion was reasonable. In this case the same knowledge and observations that justified the stopping also justified the frisking of the persons stopped.

That circumstances such as those present in this case justify frisking the person stopped finds clear support we think in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).

“Where such a stop is reasonable, however, the right to frisk must be immediate and automatic if the reason for the stop is, as here, an articulable suspicion of a crime of violence. Just as a full search incident to a lawful arrest requires no additional justification, a limited frisk incident to a lawful stop must often be rapid and routine. There is no reason why an officer, rightfully but forcibly confronting a person suspected of a serious crime, should have to ask one question and take the risk that the answer might be a bullet.” Harlan, J. Concurring, 392 U.S. at 33, 88 S.Ct. at 1886.

We do not interpret our statute as requiring an officer in every case to note some new or independent fact after the stop which would constitute probable cause to believe the person stopped is armed in order to justify a frisk. In other words a bulge in an individual’s pocket or under his belt (as in Thomas v. State, Fla.App.1971, 250 So. 2d 15, or State v. Woodard, Fla.App.1973, 280 So. 2d 700) is not necessary to justify suspicion that the person is armed so as to support a frisk. We specifically hold that the “probable cause” mentioned in § 901.151(5), F.S. does not mean probable cause to make an arrest for possession of a weapon. State v. Brooks, Fla.App.1973, 281 So. 2d 55; cf. Terry v. Ohio, supra.

For the foregoing reasons the judgment and sentence appealed from are affirmed.

Affirmed.

CROSS and OWEN, JJ., concur.


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Citator

Cited By (12 total)

  • McNAMARA v. State, 357 So. 2d 410 (Fla. 1978)
    …arez v. Florida, 389 U.S. 848, 88 S.Ct. 66, 19 L.Ed.2d 116. We find that under the circumstances present in the instant cause, the officers had probable cause sufficient to justify the frisking of appellant for their own safety. Cf. Wilson v. State, 324 So. 2d 700 (Fla. 4th DCA 1976), Williams v. State, 294 So. 2d 37 (Fla. 3rd DCA 1974), cert. den. 299 So. 2d 602 (Fla.1974), State v. Brooks, 281 So. 2d 55 (Fla. 2d DCA 1973), State v. Woodard, 280 So. 2d 700 (Fla. 2d DCA 1973).- In determining the reasonablene…
  • Ingram v. State, 364 So. 2d 821 (Fla. 4th DCA 1978)
    …tively showing consent.10 The order denying the motion to suppress is REVERSED. DOWNEY, C. J., and LETTS, J., concur. . Brant v. State, 349 So. 2d 674 (Fla. 3d DCA 1977). . Mobley v. State, 335 So. 2d 880 (Fla. 4th DCA 1976). . Wilson v. State, 324 So. 2d 700 (Fla. 4th DCA 1976). . § 901.15(2), Fla.Stat. (1975); Whitley v. State, 349 So. 2d 840 (Fla. 2d DCA 1977). . § 901.15(2), Fla.stat. (1975); Baker v. State, 316 So. 2d 657 (Fla. 1st DCA 1975). . § 901.15(6), Fla.stat. (1975); Whitley v. State, sup…
  • Schnick v. State, 362 So. 2d 423 (Fla. 4th DCA 1978)
    …not itself authorize a search “incident to detention.” It is true in some instances that the same circumstances justifying the detention also establish probable cause to believe that a weapon is involved and hence justify a search. Wilson v. State, 324 So. 2d 700 (Fla. 4th DCA 1976). But the search must be based on probable cause to believe that the detainee is armed with a dangerous weapon. The circumstances here do not reveal probable cause to believe that Schnick was armed with a dangerous weapon. While…

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