77 So. 3d 787
Fla. Dist. Ct. App.2011Background
- D.O. is a sixteen-year-old juvenile truancy case observed with five other youths during school hours.
- Officer in a marked patrol car questions group about age and truancy, determining D.O. is missing from school.
- Without consent and lacking reasonable suspicion of weapon possession, the officer performs a pat-down because of department policy before placing D.O. in a patrol car.
- The pat-down yields a bulge later identified as a firearm; D.O. is charged with carrying a concealed firearm.
- Statutory framework: Fla. Stat. ch. 984 governs services for children in need and § 984.13 authorizes taking a child into custody absent reasonable grounds to believe truancy, with delivery to school or appropriate site without unreasonable delay.
- Court below denied suppression; issue is whether law enforcement may conduct a limited pat-down before transporting a truant in custodian custody under § 984.13.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a limited pat-down for weapons is permitted before transporting a juvenile truant absent suspicion. | D.O. argues policy-based pat-down violates Fourth Amendment. | State argues § 984.13 duty to transport and community caretaker role justify the search. | Yes; court permits a limited pat-down for weapons prior to transport under these circumstances. |
Key Cases Cited
- Cady v. Dombrowski, 413 U.S. 433 (1973) (community caretaker rationale for non-criminal searches)
- Terry v. Ohio, 392 U.S. 1 (1968) (reasonable suspicion-based stop leading to searches)
- Pennsylvania v. Mimms, 434 U.S. 106 (1977) (balancing government interests and personal security during detention)
- K.A.C. v. State, 707 So.2d 1175 (Fla. 3d DCA 1998) (juvenile truancy transport duties and authority)
- L.C. v. State, 23 So.3d 1215 (Fla. 3d DCA 2009) (limits of protective searches of juveniles)
- E.P. v. State, 997 So.2d 1240 (Fla. 3d DCA 2008) (pat-down following Terry stop before transport to school)