Gregory Presley v. State of Florida
227 So. 3d 95
| Fla. | 2017Background
- Gregory Presley, a passenger in a vehicle stopped for a faulty taillight and a stop-sign violation, admitted to drinking and was discovered to be on drug-offender probation with a condition prohibiting alcohol; officers arrested him for probation violation and found cocaine during a search incident to arrest.
- The stop escalated when another passenger exited and struggled with officers; backup was called and the scene involved a belligerent, handcuffed passenger.
- Presley moved to suppress statements and evidence, arguing his detention was an illegal seizure; the trial court denied suppression and the First District affirmed.
- The First District (and the Fifth District in Aguiar) held that officers may, as a matter of course, detain passengers for the duration of a lawful traffic stop; the Fourth District’s contrary decision in Wilson v. State was certified as a conflict.
- The Florida Supreme Court granted review and, relying on U.S. Supreme Court precedent, approved the First District’s rule that passengers may be detained for the reasonable duration of a traffic stop, disapproving Wilson.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers may, as a matter of course, detain vehicle passengers for the duration of a lawful traffic stop | Presley: Detaining a passenger who wishes to leave is a greater liberty intrusion and requires individualized reasonable suspicion | State: Passenger detention is justified by officer safety and precedent permitting drivers and passengers to be ordered out of vehicles | Held: Officers may detain passengers for the reasonable duration of a traffic stop without violating the Fourth Amendment |
| Whether Brendlin/Johnson permit routine detention of passengers absent suspicion | Presley: Brendlin and Wilson limit detention; passenger liberty is greater than driver’s | State: Brendlin and Johnson treat passengers as seized and endorse continued, limited detention for the stop’s duration; officer safety justifies minimal intrusions | Held: Brendlin and Johnson support that passengers are seized and may be detained for the stop’s reasonable duration |
| Whether unrelated inquiries convert a stop into an unlawful seizure by extending its duration | Presley: Unrelated questioning intrudes and can erode Fourth Amendment protections | State: Such inquiries are permissible so long as they do not measurably extend the stop beyond its mission | Held: Unrelated inquiries are allowed provided they do not measurably prolong the stop; Rodriguez limits detention to tasks incident to the traffic mission |
| Whether the detention in Presley was reasonable under the Fourth Amendment | Presley: Detention was unlawful as an arbitrary restraint on liberty | State: The stop was prolonged by a passenger’s struggle and by officer safety needs; detention was brief and reasonable | Held: Under the case’s facts (struggle, backup required, minutes elapsed), the detention was reasonable and did not violate the Fourth Amendment |
Key Cases Cited
- Maryland v. Wilson, 519 U.S. 408 (1997) (officers may order passengers out of a lawfully stopped vehicle for officer safety)
- Pennsylvania v. Mimms, 434 U.S. 106 (1977) (officers may order drivers out of a lawfully stopped vehicle for officer safety)
- Brendlin v. California, 551 U.S. 249 (2007) (a traffic stop seizes both driver and passengers for Fourth Amendment purposes)
- Arizona v. Johnson, 555 U.S. 323 (2009) (temporary seizure of driver and passengers remains reasonable for the duration of the stop; frisks require reasonable suspicion of danger)
- Rodriguez v. United States, 575 U.S. 348 (2015) (traffic-stop detention is limited to mission-related tasks; extending a stop beyond its mission requires reasonable suspicion)
- Michigan v. Summers, 452 U.S. 692 (1981) (officers executing a warrant may detain occupants to minimize risk and maintain control of the scene)