DP v. State
65 So. 3d 123
Fla. Dist. Ct. App.2011Background
- At about one o'clock in the morning, Officer Tate responded to a report of juveniles loitering in a parking lot after a party.
- A nervous, fearful young woman approached and told the officer that D.P. had a gun.
- The officer believed the informant credible and approached D.P. to verify the report, advising him that someone said he had a gun.
- D.P. denied having a gun and began backing away; the officer directed him to place his hands on a nearby vehicle and conducted a limited pat-down.
- During the pat-down, the officer felt a hard metallic object in D.P.’s right front pocket, which turned out to be a firearm.
- The firearm was seized and the young woman had left; the trial court later denied the suppression motion and adjudicated D.P. delinquent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the tip provides reasonable suspicion for a Terry stop | D.P. argues the informant was anonymous and unreliable. | State contends the informant was a citizen informant, providing sufficient reliability. | Informant treated as citizen informant; reasonable suspicion found. |
| Whether totality-of-circumstances supports a frisk for weapons | D.P. challenges the credibility and reliability considerations. | State emphasizes the informant’s demeanor and corroborating circumstances. | Totality supports a limited pat-down for weapons. |
| Whether the decision is distinguishable from Solino/Rewis | Distinguishable facts in Solino/Rewis negate reliability. | Facts here are closer to Heard and Baptiste guidance; credibility observed on scene supports reliability. | Distinct factors (on-scene report, credibility, demeanor, and D.P.’s behavior) sustain reasonable suspicion. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes Terry stop and frisk standard)
- Alabama v. White, 496 U.S. 325 (1990) (totality of the circumstances for reliability of information)
- United States v. Cortez, 449 U.S. 411 (1981) (totality-of-the-circumstances approach to reasonable suspicion)
- Baptiste v. State, 995 So.2d 285 (Fla.2008) (distinction between anonymous tipster and citizen informant)
- Florida v. J.L., 529 U.S. 266 (2000) (anonymous tips and reliability thresholds for stops)
- United States v. Heard, 367 F.3d 1275 (11th Cir.2004) (face-to-face tip reliability and corroboration in determining suspicion)
- Solino v. State, 763 So.2d 1249 (Fla.4th DCA 2000) (anonymous tipster shortcomings in quick stops)
- State v. Rewis, 722 So.2d 863 (Fla.5th DCA 1998) (anonymous tip reliability concerns in detentions)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (nervous, evasive behavior as a factor in suspicion)
- United States v. Heard, 367 F.3d 1275 (11th Cir.2004) (face-to-face informant reliability and corroboration)
- Marshall v. State, 915 So.2d 264 (Fla.4th DCA 2005) (excited utterances as reliability indicators)