67 So. 3d 1125
Fla. Dist. Ct. App.2011Background
- Davis timely appeals judgment and sentences for possession of drug paraphernalia, cannabis (<=20g), and concealed weapon by a felon.
- Contraband discovered during a protective patdown by Officer McConnell.
- Date/time: November 24, 2009, about 2:46 p.m., in a courtyard of a high-crime area complex.
- McConnell approached a group; Davis walked away and then spoke briefly to the officer.
- Officer felt a pocketknife in Davis' pocket; he secured it and conducted a patdown, revealing brass knuckles in a bag and drugs/person(contraband) on Davis.
- Defense acknowledged the patdown was without Davis' consent; knife was lawful and not itself unlawful.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the patdown transformed the encounter into an investigatory stop requiring reasonable suspicion | Davis | Davis | Yes; the investigatory stop required reasonable suspicion |
Key Cases Cited
- Popple v. State, 626 So.2d 185 (Fla.1993) (consensual encounter vs. investigatory stop; articulable suspicion required)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (limits on police detentions and searches with suspicion)
- Kramer v. State, 15 So.3d 790 (Fla.5th DCA 2009) (analysis of when a stop becomes investigatory)