TYRON SUMMERALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the continued detention of the appellant after the traffic stop was completed was unlawful because the deputy lacked reasonable suspicion of criminal activity.
[1] A traffic stop may not be extended beyond the time necessary to issue a citation unless the officer has a reasonable suspicion based on articulable facts that criminal ac…
[2] A reasonable person would not believe they are free to leave if, after being told a traffic stop is over, the officer engages in further conversation to delay them, reque…
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Join FLexlaw to unlock all legal intelligenceA deputy stopped appellant for speeding, and after issuing a citation, engaged him in further conversation and requested to search his vehicle. Appell…
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STRINGER, Judge.
Appellant, Tyron Summerall, seeks the reversal of his conviction and sentence for armed burglary and armed robbery. He challenges the denial of his motion to sup press the contraband found during a war-rantless search of his vehicle. We reverse.
On April 6, 1998, Deputy Vickers stopped appellant’s vehicle after he observed appellant traveling on Interstate 75 at an excessive rate of speed. After stopping the vehicle, Deputy Vickers instructed appellant to step to the rear of the vehicle. Deputy Vickers testified that as appellant exited the vehicle, he made a wide turn away from the vehicle and did not close his door which made the deputy suspicious. Deputy Vickers took appellant’s driver’s license and prepared the traffic citation. As he wrote the citation, Deputy Vickers could see the two occupants of appellant’s vehicle moving around, which added to his suspicion. Deputy Vickers then requested by radio that two officers be sent to his location to back him up.
When Deputy Vickers finished the citation, he testified that he gave it and the driver’s license to appellant and told him that the traffic stop was over, and he was free to go. Nevertheless, Deputy Vickers then engaged appellant in further conversation in an attempt to delay him from leaving the scene of the traffic stop until the backup officers arrived. After a few minutes of conversation, Deputy Vickers asked appellant for permission to search his vehicle, and appellant agreed. Deputy Vickers then presented a voluntary consent-to-seareh form to appellant. Appellant, however, withdrew his consent after he read on the form that he had a right to refuse the search.
Deputy Vickers then stated, “I tell him that I’m going to go ahead, since the backup units are coming to me, okay, I tell him that — I told him that I’m going to have a canine walk around the vehicle.” At that point, appellant sat down on the pavement. When the backup officers arrived, appellant was still seated on the ground, and the two passengers were still in appellant’s vehicle. The officers removed the passengers from the vehicle and then walked a canine around the vehicle. The dog was alerted to the presence of contraband, and Deputy Vickers then conducted a search of appellant’s vehicle. The officers found a safe containing jewelry in the front of the vehicle; five guns, located underneath the back seat; and several hockey or ski masks in the trunk. Based on the items found in the car, appellant and the two passengers were placed under arrest and subsequently charged with armed robbery and armed burglary in Polk County, Florida.
The law is clear that a person may not be detained for a traffic violation for any longer than necessary to issue a citation. See Cresswell v. State, 564 So. 2d 480 (Fla.1990). The State argues that appellant was not detained but rather voluntarily decided to remain at the scene after the deputy issued him the traffic citation and told him he was free to leave. We disagree.
Whether a person has been detained depends on whether “in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” Michigan v. Chesternut, 486 U.S. 567, 573, 108 S.Ct. 1975, 100 L.Ed.2d 565 (1988). In this case, after the deputy issued appellant the traffic citation, he engaged appellant in further conversation in an attempt to delay him; requested to search appellant’s vehicle; and after this request was denied, told appellant that he still was going to have a canine walk around the vehicle. Under these circumstances, no reasonable person would have believed himself “free to leave.”
In order to justify a detention beyond the time needed to issue a citation, the officer must have a reasonable suspicion based on articulable facts that criminal activity is occurring. See Cresswell, 564 So. 2d at 481. We have considered the observations made by Deputy Vickers and conclude that the behavior observed did not give rise to a reasonable suspicion that appellant was engaged in criminal activity. See generally Joseph v. State, 588 So. 2d 1014 (Fla. 2d DCA 1991). Thus, appel lant’s continued detention at the scene after he had been issued the citation was improper. Accordingly, the order denying appellant’s motion to suppress is reversed. The judgment and sentence are set aside, and this case is remanded for further proceedings consistent with this opinion.
Reversed and remanded with instructions.
PATTERSON, C.J., and NORTHCUTT, J., concur.
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Maldonado v. State, 992 So. 2d 839 (Fla. 2d DCA 2008)…on that criminal activity was afoot to justify the detention of Mr. Maldonado for a longer period of time than was necessary to write the warning for the traffic violations. See Cresswell v. State, 564 So. 2d 480, 481 (Fla.1990); Summerall v. State, 777 So. 2d 1060, 1061 (Fla. 2d DCA 2001) (citing Cresswell, 564 So. 2d at 481). The State relied on three factors to establish the requisite reasonable suspicion: (1) Mr. Maldonado’s untruthful statement [*842] concerning the starting point of his trip, (2) his ne…
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Nulph v. State, 838 So. 2d 1244 (Fla. 2d DCA 2003)…n the time required to issue a citation.” Eldridge v. State, 817 So. 2d 884, 887 (Fla. 5th DCA 2002). “The law is clear that a person may not be detained for a traffic violation for any longer than necessary to issue a citation.” Summerall v. State, 777 So. 2d 1060, 1061 (Fla. 2d DCA 2001) (citing Cresswell v. State, 564 So. 2d 480 (Fla.1990)). “In order to justify a detention beyond the time needed to issue a citation, the officer must have a reasonable suspicion based on articulable facts that criminal activ…
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Sparks v. State, 842 So. 2d 876 (Fla. 2d DCA 2003)…hat the wait of twenty minutes was reasonable and denied the motion to suppress. The trial court erred in this finding. “[A] person may not be detained for a traffic violation for any longer than necessary to issue a citation.” Summerall v. State, 777 So. 2d 1060, 1061 (Fla. 2d DCA 2001). The testimony in this case indicates that once the citation was completed, Sparks was detained for some period of time. Although the deputy was unclear as to the time that elapsed, he did acknowledge that he completed writi…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Michigan v. Chesternut, 486 U.S. 567 (U.S. 1988)
- Mitchell v. Budd, 350 U.S. 473 (U.S. 1956)
- Cresswell v. State, 564 So. 2d 480 (Fla. 1990)
- Sanon v. Joseph, 588 So. 2d 1014 (Fla. 2d DCA 1991)