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65 So. 3d 123
Fla. Dist. Ct. App.
2011
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Background

  • 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)
Read the full case

Case Details

Case Name: D.P. v. State
Court Name: District Court of Appeal of Florida
Date Published: Jul 5, 2011
Citations: 65 So. 3d 123; 2011 Fla. App. LEXIS 10434; No. 3D10-1139
Docket Number: No. 3D10-1139
Court Abbreviation: Fla. Dist. Ct. App.
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