VINCENT COLADONATO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Affirmed.
CROSS and MAGER, JJ., concur.
ALDERMAN, J., dissents, with opinion.
ALDERMAN, Judge.
I respectfully dissent.
Appellant appeals from his conviction of grand larceny, alleging as error the trial court’s deniál of his motion to suppress tangible evidence. The sole issue raised is the legality of appellant’s initial stop and detention.
The record reflects that the arresting officer first saw the appellant driving a rented U-Haul Van with out-of-state plates at about 7:30 p. m. in the business district of Boca Raton. He saw the same vehicle again a few minutes later and considered stopping it simply because “it was an unusual vehicle to be in the area at that time of night.” The officer was called away on other matters but upon returning to the area saw the vehicle once more and this time, stopped it. Because he was worried about his safety, the officer looked through the back window of the van and discovered expensive stereo equipment which turned out to be stolen.
While it is well established that a police officer may stop a vehicle to question its occupants on less than probable cause, e. g., Gustafson v. State, 243 So. 2d 615 (Fla.App.4th, 1971), rev. on other grounds 258 So. 2d 1 (Fla.1972), aff. 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973); Wilson v. Porter, 361 F. 2d 412 (9th Cir. 1966), it is equally well recognized that he may not do so arbitrarily or on a bare suspicion that the occupants are violating the law. Kersey v. State, 58 So. 2d 155 (Fla.1952); Gustafson v. State, supra; State v. Ebert, 251 So. 2d 38 (Fla.App.2nd, 1971); Wilson v. Porter, supra; see, Fla.Stat. § 901.-151(2) (1975).
I cannot agree that the arresting officer’s opinion that the vehicle was an unusual one to be seen in the area gave rise to tjie necessary “founded suspicion” in this case. I believe the facts of this case bring it more in line with those cases that have invalidated detentions, see, e. g., Bailey v. State, 319 So. 2d 22 (Fla.1975); Thomas v. State, 297 So. 2d 850 (Fla.App. 4th, 1974); State v. Rheiner, 297 So. 2d 130 (Fla.App.2nd, 1974); Richardson v. State, 291 So. 2d 253 (Fla.App.1st, 1974), than with those that have upheld them, see, e. g., Gustafson v. State, supra; State v. Ebert, supra; State v. Padilla, 235 So. 2d 309 (Fla.App.3rd, 1970); Carpenter v. Sigler, 419 F. 2d 169 (8th Cir. 1969); and Wilson v. Porter, supra.
For these reasons, I would reverse the decision below.
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Cited By
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Coladonato v. State, 348 So. 2d 326 (Fla. 1977)…SUNDBERG, Judge. This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Fourth District, in Coladonato v. State, reported at 335 So. 2d 317 (Fla. 4th DCA 1976), which allegedly conflicts with Kersey v. State, 58 So. 2d 155 (Fla.1952), Richardson v. State, 291 So. 2d 253 (Fla. 1st DCA 1974), and other decisions standing for the principle that a policeman may not stop a vehicle to questio…
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Mullins v. State, 366 So. 2d 1162 (Fla. 1978)…oliceman stopped a van merely because “it was an unusual vehicle to be in the area at that time of night.” In holding the detention invalid, this Court adopted the language of then District Court Judge Alderman in his dissent in Coladonato v. State, 335 So. 2d 317 (Fla. 4th DCA 1976): While it is well established that a police officer may stop a vehicle to question its occupants on less than probable cause, e. g., Gustafson v. State, 243 So. 2d 615 (Fla. App. 4th 1971), rev. on other grounds 258 So. 2d 1 (Fl…
Authorities Cited (12 total)
- Gustafson v. Florida, 414 U.S. 260 (U.S. 1973)
- Bailey v. State, 319 So. 2d 22 (Fla. 1975)
- Wilson v. Porter, 361 F.2d 412 (9th Cir. 1966)
- State v. Gustafson, 258 So. 2d 1 (Fla. 1972)
- Carpenter v. Sigler, 419 F.2d 169 (8th Cir. 1969)
- Thomas v. State, 297 So. 2d 850 (Fla. 4th DCA 1974)
- State v. Padilla, 235 So. 2d 309 (Fla. 3d DCA 1970)
- Gustafson v. State, 243 So. 2d 615 (Fla. 4th DCA 1971)
- Kersey v. State, 58 So.2d 155 (Fla. 1952)
- Richardson v. State, 291 So. 2d 253 (Fla. 1st DCA 1974)