KRESKIN WILLIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Kreskin Willis was convicted of armed robbery, unlawful possession of a short-barreled shotgun, and carrying a concealed firearm. On appeal, Willis challenged the stop of his vehicle as lacking articulable suspicion, but the court affirmed the conviction, holding that police had sufficient founded suspicion based on emergency dispatches of a distressed woman and the circumstances encountered.
The court held that the stop was justified by founded suspicion and the subsequent search was reasonable. Police had sufficient articulable suspicion based on emergency dispatches, the early morning hour, the absence of other persons in the area, the unusual seating arrangement, and the arrival of the distraught victim.
[1] A police officer may stop and investigate a motor vehicle when there is a founded suspicion of criminal activity.
[2] Each case must be examined in light of its own unique set of facts and the cumulative impact of the circumstances perceived by the officer to determine if there were ampl…
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Join FLexlaw to unlock all legal intelligence“a police officer may stop and investigate a motor vehicle when there is a founded suspicion of criminal activity in the mind of that officer”
Establishes the legal standard for vehicle stops under Florida law
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Join FLexlaw to unlock all legal intelligenceAt 2:00 a.m. on August 28, 1990, South Miami police responded to two emergency dispatches reporting a screaming woman at Southwest 67th Avenue and 75t…
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FERGUSON, Judge.
At approximately 2:00 a.m. on August 28, 1990, South Miami Police Officer Eric Fulton was dispatched to the vicinity of Southwest 67th Avenue and 75th Terrace, on two reports of a screaming woman. No further information was provided by the dispatcher as to the identity of the woman, the cause of her screams, or the involvement of others. Upon arrival near the intersection, the officer saw no activity or persons other than a moving automobile occupied by four men — the driver and three rear-seat passengers. The officer stopped the vehicle to conduct an investigation. At the same time, a back-up unit arrived also responding to the emergency dispatches. Before the investigation commenced, a hysterical woman scurried over to the police unit. The officer in the back-up unit then looked into the automobile, saw a firearm, and ordered the occupants — including the defendant — to exit and spread-eagle on the ground as a security measure. A flashlight examination of the vehicle revealed articles of women’s jewelry. It was learned afterwards from the woman on the scene that she was the owner of the jewelry, that it had been taken from her in an armed robbery, and that the defendant was one of the perpetrators.
In this appeal from a conviction for armed robbery, unlawful possession of a short-barreled shotgun, and carrying a concealed firearm, the defendant contends that the firearm and jewelry should have been suppressed as the fruits of an illegal seizure and search. More particularly, he contends that there was no articulable suspicion of his involvement in illegal activity justifying the stop of the automobile. We affirm.
It is well settled in Florida that a police officer may stop and investigate a motor vehicle when there is a founded suspicion of criminal activity in the mind of that officer. Kehoe v. State, 521 So. 2d 1094 (Fla.1988); see also Codie v. State, 406 So. 2d 117 (Fla. 2d DCA 1981); § 901.151, Fla.Stat. (1989). In determining whether there were ample grounds to give the police officer a founded suspicion of criminal activity, each case must be examined in light of its own unique set of facts as well as the cumulative impact of the circumstances perceived by the officer. Kehoe, 521 So. 2d at 1096.
In this case, the officers were responding to two dispatches indicating that a woman was in distress. Those dispatches, which gave no other information as to what was transpiring, were relayed on an emergency mode, thus serving to raise the officers’ awareness that “something” was happening and that the officers should be ready for “anything”. Other facts such as the early morning hour, the absence of other persons or automobiles in the area, and the unusual seating arrangement of the passengers in the car, were sufficient indicia of something afoot possibly involving the auto passengers, and deserving of an inquiry. The nonintrusive detention of the car for investigatory purposes, under the circumstances, was reasonable. See Diaz v. State, 548 So. 2d 843 (Fla. 3d DCA 1989) (matters observed by police officers were enough to establish a founded suspicion to support a stop of defendant’s vehicle). The arrival of the distraught victim on the scene further strengthed the officer’s suspicion, and justified a thorough investigation. Kehoe, 521 So. 2d 1094. At that point, the officers had not yet spoken to the suspects.
We find no error in the trial court’s denial of the defendant’s motion to suppress based on a finding that, under the circumstances, the officer acted reasonably on an articulable suspicion of criminal activity. The prompt and cautiously restrained police action in this case is more deserving of commendation than condemnation.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Saturnino-Boudet v. State, 682 So. 2d 188 (Fla. 3d DCA 1996)…c to each case, but it is to be based upon the totality of the circumstances as viewed by an experienced police officer. Kehoe v. State, 521 So. 2d 1094, 1095-96 (Fla.1988); Batie v. State, 593 So. 2d 1167, 1168 (Fla. 1st DCA 1992); Willis v. State, 584 So. 2d 41, 42 (Fla. 3d DCA 1991), rev. denied, 595 So. 2d 559 (Fla.1992).5 “At this level ... the officer may conduct a limited search or frisk of the individual for concealed weapons where the officer is justified in believing the person is armed and dangero…
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Bush v. State, 594 So. 2d 793 (Fla. 3d DCA 1992)…e ample grounds to give the police officer a founded suspicion of criminal activity, each case must be examined in light of its own unique set of facts as well as the cumulative impact of the circumstances perceived by the officer.” Willis v. State, 584 So. 2d 41, 42 (Fla. 3d DCA 1991) (citing Kehoe 521 So. 2d at 1096). The test is whether, under the totality of the circumstances, the officer can articulate in particular and objective terms his reasonable suspicion of criminal activity in light of his knowle…
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Prieto v. State, 630 So. 2d 225 (Fla. 3d DCA 1994)…PER CURIAM. Affirmed. Kehoe v. State, 521 So. 2d 1094 (Fla.1988); Bush v. State, 594 So. 2d 793 (Fla. 3d DCA 1992); Willis v. State, 584 So. 2d 41 (Fla. 3d DCA 1991), rev. denied, 595 So. 2d 559 (Fla.1992).…
Authorities Cited
- Kehoe v. State, 521 So. 2d 1094 (Fla. 1988)
- Levie Codie v. State, 406 So. 2d 117 (Fla. 2d DCA 1981)
- Diaz v. State, 548 So. 2d 843 (Fla. 3d DCA 1989)