Henderson v. State, 2012 Fla. App. LEXIS 8813

Henderson, a felon, was convicted of felon-in-possession of a firearm, fleeing or eluding, and driving with license suspended.
On June 24, 2010, a U.S. Marshal requested police to stop an armed homicide suspect in a gold Kia on I-95; the suspect was Henderson.
Deputies Floyd and Wilke activated lights and approached; Henderson slowed briefly but drove 1–2 miles before stopping.
A loaded .45 pistol was found under the driver’s seat when Henderson finally pulled over.
The stop was based on the Marshal’s request; the Marshal did not testify; a teletype stated a warrant was issued in St. Johns County.
The district court rejected the fellow-officer rule and any retroactive warrant justification, but affirmed because Henderson fled, obviating the need to resolve initial stop legality.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the stop was lawful under reasonable suspicion or the fellow-officer rule	Henderson argues no reasonable suspicion and no imputable grounds.	State argues the fellow-officer rule or warrant timing justify the stop.	Stop valid due to flight after lights; initial grounds unnecessary.
Whether flight established probable cause for the stop	Flight alone provided probable cause to stop.	Flight plus officer signals justified the stop.	Flight after activation suffices for probable cause under Wardlow/C.E.L.
Whether the evidence shows exclusive possession for felon-in-possession	Car rental by a friend and multiple users negate exclusive possession.	Henderson, as sole occupant/driver, had exclusive possession.	Exclusive possession presumed from sole occupant-driver; jury question regarding exclusivity.

J.P. v. State, 855 So.2d 1262 (Fla. 4th DCA 2003) (imputing grounds to fellow officer requires record evidence of basis for suspicion)
C.H.C. v. State, 988 So.2d 1145 (Fla. 2d DCA 2008) (fellow-officer rule limitations; no imputed knowledge without record facts)
Mills v. State, 58 So.3d 936 (Fla. 2d DCA 2011) (post-arrest information cannot justify retroactive warrantless arrest)
Ray v. State, 40 So.3d 95 (Fla. 4th DCA 2010) (distinguishable: no flight-based stop where no fleeing charge)
Wardlow, 528 U.S. 119 (1999) (unprovoked flight can establish reasonable suspicion)
C.E.L. v. State, 24 So.3d 1181 (Fla. 2009) (flight in a high-crime area supports stop and constitutes resisting)
Green v. State, 530 So.2d 480 (Fla. 5th DCA 1988) (stop valid under statute based on flight rather than checkpoint)
State v. McCune, 772 So.2d 596 (Fla. 5th DCA 2000) (fleeing/eluding offense does not require lawfulness of initial stop)
Sinclair v. State, 50 So.3d 1223 (Fla. 4th DCA 2011) (possession inference from exclusive control)
Lee v. State, 835 So.2d 1177 (Fla. 4th DCA 2002) (possession inference principles)
State v. Odom, 862 So.2d 56 (Fla. 2d DCA 2003) (rental car context; possession and control issues)