Lopez v. State
225 So. 3d 330
| Fla. Dist. Ct. App. | 2017Background
- Roberto Suarez Lopez was a passenger in a vehicle stopped for illegal parking; an officer approached and asked the driver for license/registration.
- The officer observed Lopez acting nervous, ordered Lopez out of the vehicle and to the rear; also directed the driver to exit via the passenger side.
- While the driver complied, Lopez ran away; the officer saw Lopez toss a baseball-sized wrapped object over a fence during the flight.
- The officer chased, arrested Lopez, and recovered the object, later identified as cocaine; Lopez was charged with possession with intent to deliver, tampering with evidence, and resisting without violence.
- Lopez moved to suppress, arguing that once he exited the vehicle he was free to leave and the officer lacked reasonable suspicion to detain him at the scene; the trial court denied suppression, and Lopez appealed following a plea with reserved right to appeal.
- The court considered prior Florida decisions and U.S. Supreme Court precedents concerning passenger detention during traffic stops and affirmed the denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an officer may order a passenger who has exited a lawfully stopped vehicle to remain at the scene for the duration of the stop | Lopez: Once ordered out, he was free to leave; detaining him without reasonable suspicion violates Fourth Amendment | State: Officer may detain passengers for officer safety and to control the stop; passengers are effectively seized during a traffic stop | Court: Officer may order a passenger to exit and may detain the passenger at the scene for the duration of the traffic stop, consistent with the Fourth Amendment |
Key Cases Cited
- Maryland v. Wilson, 519 U.S. 408 (ordering passengers out of lawfully stopped vehicles is permissible for officer safety)
- Brendlin v. California, 551 U.S. 249 (passengers are seized during a traffic stop)
- Arizona v. Johnson, 555 U.S. 323 (traffic-stop seizure justifies detention of occupants without additional suspicion)
- Rodriguez v. United States, 575 U.S. 348 (duration of traffic stop limited to stop's mission; prolonged detention requires reasonable suspicion)
- D.N. v. State, 805 So. 2d 63 (Fla. 3d DCA 2002) (officer may order passengers out of vehicle to protect officer safety)
- Wilson v. State, 734 So. 2d 1107 (Fla. 4th DCA 1999) (passenger who left scene could not be ordered to return absent reasonable suspicion)
- Presley v. State, 204 So. 3d 84 (Fla. 1st DCA 2016) (concluding officer may detain passenger during stop)
- Aguiar v. State, 199 So. 3d 920 (Fla. 5th DCA 2016) (en banc) (same conclusion)