STATE OF FLORIDA, APPELLANT,
v.
RENE L. WOODARD, APPELLEE

Fla. 4th DCA | 1991-07-24
No. 91-0498
ANSTEAD and STONE, JJ., concur.
582 So. 2d 1249 Florida District Court of Appeal, Fourth District (1991) Positive Treatment
Cited by 6 cases

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Holding

The court held that the officer had founded suspicion to stop the vehicle, and the trial court erred in suppressing the evidence.


Headnotes

[1] A law enforcement officer may temporarily detain a person when circumstances reasonably indicate that the person has committed or is committing a violation of criminal la…

[2] An investigatory stop of a vehicle is permissible when an officer has a founded suspicion that its occupant is involved in criminal activity.

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Facts & Procedural History

An officer observed a vehicle with ladders exiting a lot late at night, which he found suspicious given the location and time. Upon stopping the vehic…

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Opinion of the Court
GARRETT, Judge.

GARRETT, Judge.

The state appeals the trial court’s order that granted appellee’s motion to suppress “based on the officer’s lack of Pounded Suspicion to Conduct an Investigatory Stop of [appellee's] Automobile.” We reverse.

Only Officer Littlefield, a twelve-year police veteran, testified at the suppression hearing. He stated that at about one thirty in the morning on April 9, 1990, he patrolled downtown Fort Lauderdale with his K-9 partner. As he drove by an un-feneed lot located next to a fenced Southern Bell compound, he saw the lower portion of a small vehicle and “a pair of legs” next to the vehicle. He could not see more because over twenty “derelict” tractor trailers vans were parked on the lot and their wheels or supports blocked his view. He “had never seen anyone in that ... lot” and thought “[i]f they [are] hooking up a tractor trailer to leave, there should [be] a tractor hook up to the trailer.” He knew that “there [was] generally no one around at that time.” He felt “there was probably some type of crime going on, either a burglary of those [tractor trailer vans] or possibly the Southern Bell compound.” He drove a block past the lot and turned around, but kept the compound in his sight at all times. He saw two persons in a Mustang convertible with the top down drive onto the street from the lot which had “no other means of exit.” The Mustang had two 12 foot ladders propped between the front windshield and rear seat. The officer knew that “ladders [were] stored on top of [trucks]” in the Southern Bell compound and “as soon as [he] saw the ladder sticking out of the [Mustang, he] had even more reasonable suspicion that ... they had probably broken into the Southern Bell [compound], [and] stolen ladders off the top of the truck.” He stopped the Mustang driven by appellee’s codefendant “for investigative purposes” and then noticed that the ladders were marked “Bell South or Southern Bell.” Officer Littlefield arrested appellee and the driver after he concluded that they had stolen the ladders.

Section 901.151(2), Florida Statutes (1989), in pertinent part, provides:

Whenever any law enforcement officer ... encounters any person under circumstances which reasonably indicate that such person has committed, [or] is committing ... a violation of the criminal laws ... he may temporarily detain such person for the purpose of ... ascertaining the circumstances surrounding his presence abroad which led the officers to believe that he had committed, [or] was committing ... a criminal offense.

As stated in Adams v. Williams, 407 U.S. 143, 145-146, 92 S.Ct. 1921, 1923, 32 L.Ed.2d 612, 616-617 (1972):

The Fourth Amendment does not require an officer, who lacks the precise level of information necessary for probable cause to arrest to simply shrug his shoulders and allow ... a criminal to escape. On the contrary, ... it may be the essence of good police work to adopt an immediate response_ A brief stop of a suspicious individual in order ... to maintain the status quo momentarily while obtaining more information, may be most reasonable in light of the facts known to the officer at the time.

Also, an officer may briefly stop a moving vehicle to investigate a “founded suspicion” that its occupant is involved in criminal activity. See United States v. Hensley, 469 U.S. 221, 226, 105 S.Ct. 675, 679, 83 L.Ed.2d 604, 610 (1985).

Whether an officer has a “founded suspicion” which gives him or her the right to stop a citizen (or the vehicle the citizen occupies) is determined by the totality of the circumstances, that is, the whole picture must be taken into account. United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 695, 66 L.Ed.2d 621, 629 (1980). From the whole picture “a trained officer draws inferences and makes deductions— inferences and deductions that might elude an untrained person.” Id. at 418, 101 S.Ct. at 695, 66 L.Ed.2d at 629.

As noted in Terry v. Ohio, 392 U.S. 1, 20, 88 S.Ct. 1868, 1879 20 L.Ed.2d 889, 905 (1968):

We deal here with a entire rubric of police conduct — necessarily swift action predicated upon on-the-spot observations of the officer on the beat — which historically has not been, and as a practical matter could not be, subjected to the warrant procedure.

An officer on patrol may only have a moment in which to become suspicious about otherwise innocent looking activity. As a result, the officer is not always certain about his or her suspicion. However, hard certainty is not required for a “founded suspicion.” In Cortez, the Supreme Court remarked:

The process does not deal with hard certainties, but with probabilities. Long before the law of probabilities was articulated as such, practical people formulated certain common-sense conclusions about human behaviors; jurors as fact-finders are permitted to do the same— and so are law enforcement officers.... [T]he evidence thus gathered must be seen and weighed not in the terms of library analysis by scholars, but as understood by those versed in the field of law enforcement.

Cortez, 449 U.S. at 418, 101 S.Ct. at 695, 66 L.Ed.2d at 629.

Sub judice, Officer Littlefield as a trained officer saw the ladders in the Mustang and believed that a crime had been committed. He stopped the Mustang to investigate his “founded suspicion” and to obtain more information. During the investigation, he saw “Bell South or Southern Bell” markings on the ladders. Those observations gave Officer Littlefield probable cause to arrest appellee and seize the ladders as evidence.

Thus, we hold that the trial court erred when it ruled that Officer Littlefield lacked “founded suspicion” to stop the Mustang.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.

ANSTEAD and STONE, JJ., concur.


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Cited By

  • State v. Barrett, 583 So. 2d 822 (Fla. 4th DCA 1991)
    …FARMER, Judge. In this appeal from an order suppressing certain evidence, appellee is the co-defendant of the appellee in State v. Woodard, 582 So. 2d 1249 (Fla. 4th DCA 1991). Relying on our decision in that appeal, and for the reasons stated therein, we reverse the suppression of the evidence and remand for further proceedings. REVERSED. DOWNEY and GARRETT, JJ., concur.…
  • Moskowitz v. State, 710 So. 2d 584 (Fla. 4th DCA 1998)
    …ld conclude there were sufficient facts available to the police at that time to support a well-founded suspicion to detain him for further investigation. See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); see also State v. Woodard, 582 So. 2d 1249 (Fla. 4th DCA 1991). We also affirm as to all other issues asserted. Therefore, the judgment and sentence are affirmed. GROSS, J., and DAKAN, STEPHEN L., Associate Judge, concur.…
  • In re The Interest of M.C., 641 So. 2d 502 (Fla. 4th DCA 1994)
    …evidence and reasonable inferences and deductions derived therefrom, in a manner most favorable to sustaining the trial court’s ruling. Medina v. State, 466 So. 2d 1046, 1049-1050 (Fla.1985). We also find that in accordance with State v. Woodard, 582 So. 2d 1249 (Fla. 4th DCA 1991) the lower court correctly took the “totality of circumstances” into account in determining that there was a reasonable suspicion. These circumstances included the late hour, the car’s presence in a commercial area, the two U-turn…

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