EDDIE DIGGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Eddie Diggs appeals the denial of his motion to suppress evidence from searches following his traffic stop and arrest for driving without a valid license. The Florida District Court of Appeal reversed the lower court's decision, holding that the traffic arrest was pretextual—made primarily to search for evidence of drug crimes—and therefore the searches and cocaine evidence were unlawfully obtained.
The arrest was pretextual and therefore invalid. Because the arrest was unlawful, the subsequent searches of both the vehicle and Appellant's person were unconstitutional, and all evidence derived from those searches should have been suppressed.
[1] An arrest for a minor offense may be deemed pretextual and unlawful if the primary purpose of the arrest is to conduct a search for evidence of a more serious crime.
[2] Evidence obtained as a result of an unlawful arrest is inadmissible under the exclusionary rule.
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Join FLexlaw to unlock all legal intelligence“A minor traffic violation cannot be used as a pretext to search a vehicle for evidence of other crimes.”
Establishes the foundational principle that traffic stops cannot be used as pretexts for searching for unrelated crimes.
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Join FLexlaw to unlock all legal intelligenceOfficer Pierce observed Appellant driving lawfully on a public street. Pierce stopped the vehicle to request a driver's license, claiming a prior arre…
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OTT, Judge.
Appellant appeals the denial of his motion to suppress illegally seized evidence. The lower court found the search to be a proper incident to a lawful arrest. We disagree and therefore reverse.
Officer Pierce observed the appellant driving an automobile in a normal and lawful manner on a public street. The officer decided to stop appellant and ask to see his driver’s license. The officer testified that he had reason to believe appellant did not have a license because (1) he had arrested appellant a year or a year and a half previously for driving without a valid driver’s license, and (2) he had been told by one or more informants that they did not believe appellant had a license, since they had seen appellant being driven around by others. He admitted, however, that he was not conscious of the prior arrest at the time he stopped appellant and further admitted that fellow officers had advised him they suspected the appellant of unlawful drug activity or use.
Appellant was unable to produce a driver’s license.
Officer Pierce thereupon arrested and handcuffed the appellant and proceeded to conduct a thorough search of the vehicle finding, inter alia, a syringe in the pocket of a jacket in the locked trunk. Officer Pierce then transported appellant to the police station, where he ordered appellant to undress. Three decks of cocaine fell from appellant’s undershorts as he removed them. As a result, appellant was charged with and convicted of possession of cocaine.
A minor traffic violation cannot be used as a pretext to search a vehicle for evidence of other crimes. Urquhart v. State, 261 So. 2d 535 (Fla.2d DCA 1971). The test for determining whether a traffic arrest which is the basis for seizure of evidence of a serious crime is a “pretext” for the search, as set forth in State v. Holmes, 256 So. 2d 32 (Fla.2d DCA 1971), is whether the facts in the case suggest the strong possibility that the arrest was one which would have been made by a traffic officer on routine patrol against any citizen driving in the same manner or whether the arrest was one which would not have been made but for some other motive of the arresting officer. Further indications that appellant’s arrest was pretextual are (1) the fact that Officer Pierce had been told that appellant was a suspected drug user, (2) the extreme thoroughness of the search of appellant’s automobile (even the hub caps of the vehicle were removed), and (3) the fact that due to officer Pierce’s failure to appear on three different occasions, appellant’s traffic charge had not been disposed of some five months after the summons was issued (See Urquhart, supra).
Nothing in the appellant’s conduct was sufficient to give Officer Pierce reason to stop him. See Thomas v. State, 297 So. 2d 850 (Fla. 4th DCA 1974).
The alleged information provided by Pierce’s informants did not give rise to probable cause because of a total lack of specificity as to the time such information was noted or received and an insufficient showing of the reliability of the informants, which would be fatal to the establishment of valid grounds for a search warrant. State v. Mills, 267 So. 2d 44 (Fla.2d DCA 1972).
We conclude that the arrest of appellant for driving without a valid driver’s license was pretextual and therefore invalid. Appellant’s arrest being unlawful, the ensuing searches of appellant’s automobile and his person were also unlawful, and the fruits thereof should have been suppressed.
Reversed.
McNULTY, Acting C. J., and SCHOON-OVER, JACK R., Associate Judge, concur.
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State v. Irvin, 483 So. 2d 461 (Fla. 5th DCA 1986)…his is because we fully agree with Judge Mann’s views in Holmes that such an inquiry is not only essentially irrelevant to the proper ones, which are the existence and validity of any asserted objective grounds for the detention, cf. Diggs v. State, 345 So. 2d 815 (Fla. 2d DCA), cert. denied, 353 So. 2d 679 (Fla.1977), but that even phrasing the question in that subtly pejorative fashion may skew the result.…
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State v. Kehoe, 498 So. 2d 560 (Fla. 4th DCA 1986)…ion for the stop was suspicion of serious criminal activity. See State v. Gray, 366 So. 2d 137 (Fla.2d DCA 1979) (missing taillight, tag light, or lack of clearance lights not sufficiently serious traffic violations to justify stop); Diggs v. State, 345 So. 2d 815 (Fla.2d [*565] DCA) (stop by officer to check driver’s license invalid as “pretext” stop, though officer had reason to believe defendant did not have a license), cert. denied, 353 So. 2d 679 (Fla.1977); Urquhart v. State, 261 So. 2d 535 (Fla.2d DCA…
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Granville v. State, 348 So. 2d 641 (Fla. 2d DCA 1977)…asis upon which to arrest appellant one officer took appellant into custody, while the other began searching the vehicle. The circumstances in this case give every indication that the search was pretextual and therefore invalid. See Diggs v. State, 345 So. 2d 815 (Fla.2d DCA 1977). When they came in contact with appellant, the police officers were on their way to his house to question him regarding the robbery they were investigating. Appellant had not committed any traffic violation. It was purely fortuitou…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Holmes, 256 So. 2d 32 (Fla. 2d DCA 1971)
- Thomas v. State, 297 So. 2d 850 (Fla. 4th DCA 1974)
- Urquhart v. State, 261 So. 2d 535 (Fla. 2d DCA 1971)
- State v. Mills, 267 So. 2d 44 (Fla. 2d DCA 1972)