65 So. 3d 123
Fla. Dist. Ct. App.2011Background
- D.P. is a juvenile charged with carrying a concealed firearm and possession of a firearm by a minor after a pat-down found a gun on his person.
- Officer Tate, in uniform, responded to a report of juveniles loitering; a nervous female informant identifiably pointed to D.P. and claimed he had a gun.
- The informant's demeanor led Tate to believe her information credible; he confronted D.P. to verify the report.
- Tate conducted a limited pat-down after D.P. backed away, feeling a hard metallic object that was a firearm.
- The stop and search proceeded under Terry v. Ohio guidance for reasonable suspicion; the firearm was introduced after D.P. was detained.
- The trial court denied the suppression motion, and the court ultimately adjudicated D.P. delinquent; the appellate court affirmed denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pat-down was supported by reasonable suspicion | D.P. argues no reasonable suspicion existed | State argues information and circumstances created reasonable suspicion | Yes; suppression denied |
| Whether the informant was a citizen informant or anonymous tipster | State contends informant was citizen informant | D.P. argues informant resembled anonymous tipster | Informant treated as citizen informant for totality of circumstances |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (established permissible limited pat-down with reasonable suspicion)
- Alabama v. White, 496 U.S. 325 (1990) (reasonable suspicion assessed by totality of the circumstances; tip reliability matters)
- United States v. Cortez, 449 U.S. 411 (1981) (totality of circumstances approach; information quality and quantity considered)
- Florida v. J.L., 529 U.S. 266 (2000) (anonymous tipster generally insufficient without corroboration)
- Baptiste v. State, 995 So.2d 285 (Fla. 2008) (reliability scales of anonymous vs citizen informants; face-to-face tips carry greater weight)
