Deno v. State
230 So. 3d 611
| Fla. Dist. Ct. App. | 2017Background
- Lee County deputy lawfully stopped a vehicle for a defective taillight and missing rear bumper; Russell was driver and Angela Deno was front-seat passenger.
- Officer requested identification from both; Deno gave a false name and the returned photo did not match her.
- Officer removed Deno, obtained a fingerprint with a portable scanner, confirmed her true identity, and discovered an outstanding probation-warrant.
- Deno was arrested for the outstanding warrant and for giving a false name to an officer under § 901.36(1), then booked into the county jail.
- While changing into her jail uniform, a deputy observed a small baggie (apparent crack cocaine) fall from Deno’s pants; she was charged with introducing contraband into a county detention facility (§ 951.22).
- Deno moved to suppress the evidence, arguing the false-name arrest was unlawful because she was neither under arrest nor lawfully detained when she gave the false name; the trial court denied the motion and the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Deno was "arrested or lawfully detained" when she gave a false name under § 901.36(1) | Deno: She was not under arrest or lawfully detained at the time she provided the false name, so the officer lacked lawful basis to arrest her for giving a false name and evidence should be suppressed | State: As passenger in a lawful traffic stop, Deno was lawfully detained; officer’s ID request and fingerprint check were within the stop’s scope and did not unlawfully extend it | Court held Deno was lawfully detained during the traffic stop; giving a false name supported arrest under § 901.36(1); suppression denial affirmed |
Key Cases Cited
- Brendlin v. California, 551 U.S. 249 (passenger is seized during lawful traffic stop)
- Arizona v. Johnson, 555 U.S. 323 (temporary seizure of driver and passengers lasts for duration of stop; unrelated inquiries permissible if they do not measurably extend the stop)
- State v. Godard, 202 So. 3d 144 (standard of review for suppression rulings)
- State v. Galicia, 948 So. 2d 983 (pre-Brendlin/Johnson discussion of passenger ID requests)
- Cooks v. State, 901 So. 2d 963 (pre-Brendlin/Johnson case treating passenger ID request as consensual encounter)
- Morrow v. State, 848 So. 2d 1290 (related precedent on passenger encounters during traffic stops)
- State v. Gonzalez, 919 So. 2d 702 (similar line of cases addressing passenger ID requests)
- Teart v. State, 26 So. 3d 644 (First DCA decision discussing passenger ID request in postconviction context)