84 So. 3d 1250
Fla. Dist. Ct. App.2012Background
- Appellant, a juvenile, pled no contest to cannabis possession and challenged denial of motion to suppress.
- An anonymous Broward deputy report described two suspicious black males in Lauderdale Lakes; deputy later encountered appellant and another juvenile in black.
- Appellant kept hands in pockets; deputy repeatedly asked to remove them for safety; appellant complied after several requests and a marijuana cigarette fell to the ground.
- Cigarette tested positive for THC; deputy handcuffed appellant outside the store.
- Trial court found the encounter consensual and that no seizure occurred until arrest; the court denied the suppression motion.
- Appellant contends the hand-removal requests transformed the encounter into a seizure without reasonable suspicion; the state argues no seizure or, if so, a valid stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the deputy's repeated requests to remove hands from pockets convert to a seizure? | Appellant | State | Yes, seizure occurred when hands were removed |
| Was the seizure supported by reasonable suspicion of criminal activity? | Appellant | State | No reasonable suspicion; suppression reversed |
Key Cases Cited
- United States v. Mendenhall, 446 U.S. 544 (U.S. 1980) (totality-of-circumstances approach to seizure)
- California v. Hodari D., 499 U.S. 621 (U.S. 1991) (seizure occurs when the person submits to show of authority)
- Michigan v. Chesternut, 486 U.S. 567 (U.S. 1988) (need to consider all surrounding circumstances)
- Popple v. State, 626 So.2d 185 (Fla.1993) (three levels of police-citizen encounters; detentions require suspicion)
- Lee v. State, 868 So.2d 577 (Fla.4th DCA 2004) (requests to remove a hand from pocket can elevate to seizure depending on circumstances)
- Butts v. State, 644 So.2d 605 (Fla.1st DCA 1994) (anonymous tip reliability; corroboration required for suspicion)
- Regalado v. State, 25 So.3d 600 (Fla.4th DCA 2009) (tip reliability and corroboration must show illegal activity)
- Baptiste v. State, 995 So.2d 285 (Fla.2008) (anonymous-tip investigations require corroboration of criminal activity)
- Sander v. State, 595 So.2d 1099 (Fla.2d DCA 1992) (hands-in-pocket observation not alone to justify suspicion)
- Woodard v. State, 681 So.2d 733 (Fla.2d DCA 1996) (safety-related hand-removal requests may not equal detention)