EARNEST SCOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1997-07-23
No. 96-3326
WARNER and GROSS, JJ., concur.
696 So. 2d 1335 Florida District Court of Appeal, Fourth District (1997) Positive Treatment
Cited by 9 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

The Florida District Court of Appeal reversed a conviction for drug possession, holding that the evidence was obtained through an illegal investigatory stop and search. The court found that the anonymous tip lacked sufficient corroboration to justify the stop, and the subsequent consent to search was tainted by the illegality.


Holding

The court held that the anonymous tip, without corroborating evidence of criminal activity, was insufficient to establish a well-founded, articulable suspicion for an investigatory stop. Therefore, the stop was illegal, and the subsequent consent to search was tainted by this illegality.


Headnotes

[1] An anonymous tip providing only innocent details of identification, without observation of criminal activity, is insufficient to justify an investigatory stop.

[2] The mere presence of a suspect in an area known for drug activity, without corroborating evidence of criminal conduct, does not establish reasonable suspicion for an inve…

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Key Quotes

“an investigatory stop involves Fourth Amendment protections and requires that the officer have a well-founded, articulable suspicion of past, present, or imminent criminal activity prior to detaining a citizen. Mere suspicion is not enough to support a stop.”

This quote defines the legal standard for an investigatory stop under the Fourth Amendment.

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Facts & Procedural History

Police received an anonymous tip about a black male in a blue hat and blue shirt selling cocaine. Officers located Scott, who matched the description,…

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Opinion of the Court
SHAHOOD, Judge.

SHAHOOD, Judge.

Appellant, Earnest Scott, Jr. (“Scott”), was charged by information with possession of a controlled substance. Following the trial court’s denial of his motion to suppress, Scott entered a “no contest” plea reserving his right to appeal the ruling on his motion to suppress. We hold that it was error to deny Scott’s motion to suppress, and reverse with directions that Scott be discharged. At the hearing on the motion, the police officers who arrested Scott testified that they were in the northwest section of Fort Pierce when they received a call from the 911 dispatcher informing them that “there was a black male with a bine hat and a blue shirt in the area of North 8th Street and Orange Avenue selling cocaine rock.” The officers proceeded to the location and observed Scott wearing a blue hat and blue shirt and standing in front of a store on Orange Avenue. The officers exited from their ear, approached Scott, advised him that they had received a call about a man selling cocaine, and told him that he matched the description.

According to the arresting officers, they asked Scott if he minded if the officers searched him and [Scott] kinda just lifted his arms to the side and said, “no, go ahead.” They found four cocaine rocks in the brim of Scott’s hat. According to the officers, Scott was not under arrest at the time of the search; it was an investigative stop. Following all testimony, the court found that the encounter between the officers and Scott was consensual and that the consent to search was free and voluntary. We disagree, and find that it was closer to an investigatory stop, as defined in Popple v. State, 626 So .2d 185, 186 (Fla.1993)(an investigatory stop involves Fourth Amendment protections and requires that the officer have a well-founded, articulable suspicion of past, present, or imminent criminal activity prior to detaining a citizen. Mere suspicion is not enough to support a stop). See also Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).

The case at bar is analogous to Robinson v. State, 556 So. 2d 450 (Fla. 1st DCA 1990). There, the dispatcher stated that “a black male, approximately 40 years of age, wearing a brown jacket and green army pants, was selling crack cocaine near the chapel in the 400 block of West Georgia Street.” The officer arrived at the scene and noticed a group of people “hanging around,” one of whom fit the description “very accurately.” The officer searched the suspect, found cocaine on his person, and arrested him. In reversing the trial court’s denial of Robinson’s motion to suppress, the First District held that, absent some corroboration in the form of criminal activity, the information was insufficient to justify an investigatory stop of the suspect. Id. at 452. The court held that, when viewed in the light most favorable to sustaining the trial court’s denial of Robinson’s motion to suppress, the officer’s basis for probable cause included only the anonymous tip and appellant’s presence in an area known for drug activity, which was “insufficient to meet even the lesser standard of ‘reasonable suspicion’ necessary to justify an investigatory stop.” Id. The appellate court reasoned that:

the tip itself offered nothing more than innocent details of identification that could have been provided by any pilgrim on the roadway. The unknown informant did not say that he or she witnessed a drug transaction or that money or drugs were seen. The only “surrounding circumstance” mentioned by the police as being corroborative was appellant’s presence in an area where there had been problems with drug sales and usage. Although there was also some suggestion that appellant attempted to evade the police by walking from the scene, it is well established that even running away in a high crime area is an insufficient foundation for reasonable suspicion.

Id. at 452 (citation omitted).

Here, as in Robinson, there was no corroborating activity on the part of Scott to create a founded suspicion of criminal activity. As such, the officers had no basis for making an investigatory stop, and the resultant search was legal only if there was a break in the chain of illegality. In Norman v. State, 379 So. 2d 643 (Fla.1980), the supreme court held that a consent to search given after illegal police conduct is presumptively tainted and is deemed involuntary absent “clear and convincing proof of an unequivocal break in the chain of illegality sufficient to dissipate the taint of prior official illegal action.” We find, contrary to the state’s argument on appeal, that Scott’s consent to search did not vitiate the illegal stop. See, e.g., Turner v. State, 674 So. 2d 896 (Fla. 5th DCA 1996); compare State v. Paul, 638 So. 2d 537 (Fla. 5th DCA 1994), review denied, 654 So. 2d 131 (Fla.1995)(hold ing that taint of illegal stop may be dissipated when defendant consents to search after being advised of his constitutional right to refuse consent.)

Based on the foregoing, we hold that the cocaine found on Scott was the product of an illegal stop and search, and should have been suppressed. Accordingly, we reverse Scott’s conviction and remand with directions that he be discharged.

REVERSE AND REMAND WITH DIRECTIONS.

WARNER and GROSS, JJ., concur.


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Citator

Cited By

  • Delorenzo v. State, 921 So. 2d 873 (Fla. 4th DCA 2006)
    …lice conduct determined to be illegal is presumptively tainted and deemed involuntary, unless the state proves by clear and convincing evidence that there was a clear break in the chain of events sufficient to dissolve the taint. See Scott v. State, 696 So. 2d 1335, 1336 (Fla. 4th DCA 1997); see also Faulkner v. State, 834 So. 2d 400, 403 (Fla. 2d DCA 2003). In the instant case, the state did not prove a break in events from the time Vardakis asked Delorenzo to remove his hand from his pocket while Delorenzo w…
  • State v. Robinson, 740 So. 2d 9 (Fla. 1st DCA 1999)
    …de retrieved in non-consensual post-arrest search should have been suppressed); Carter v. State, 454 So. 2d 739 (Fla. 2d DCA 1984). Where a stop is illegal, a defendant’s subsequent verbal consent to a search will not cure the taint. Scott v. State, 696 So. 2d 1335 (Fla. 4th DCA 1997) (where officer lacked a well-founded, articulable suspicion of past, present, or imminent criminal activity to justify investigatory stop of defendant, defendant’s verbal consent to search did not remove taint, and conviction had…
  • Navamuel v. State, 12 So. 3d 1283 (Fla. 4th DCA 2009)
    …ermined to be illegal is presumptively tainted and deemed involuntary, unless the state proves by clear and convincing evidence that there was a clear break in the chain of events sufficient to dissolve the taint.” Id. at 879 (citing Scott v. State, 696 So. 2d 1335, 1336 (Fla. 4th DCA 1997) and Faulkner v. State, 834 So. 2d 400, 403 (Fla. 2d DCA 2003)). In sum, the state did not present evidence or argue that the agents had a well-founded suspicion of criminal activity to justify an investigatory stop when th…

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