Simms v. State
2011 Fla. App. LEXIS 576
| Fla. Dist. Ct. App. | 2011Background
- Simms appeals his conviction and 28.5‑month sentence after pleading no contest to loitering or prowling and felonious possession of ammunition; reserved appeal of denial of suppression motion.
- Trial court denied suppression; reviewing court applies competent evidence standard for facts and de novo for law; court reversed due to lack of probable cause to arrest for loitering or prowling.
- Statute 856.021 prohibits loitering or prowling and requires identification/dispelling alarm; failure to do so bars conviction.
- Police received an anonymous Halloween tip describing a man fitting Simms’ appearance; tipster’s accuracy was insufficient alone to justify detention; officers did not observe attempted burglary.
- Officers detained Simms after Beauvois saw him between two vehicles; Simms claimed he was coming from a friend’s house; Miranda rights were read; bullet found during search incident to arrest.
- Court emphasized loitering/prowling is not a catchall; anonymous tips cannot support probable cause; record showed no crouching observed and no imminent threat; suppression proper and conviction reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop supported by reasonable suspicion from an anonymous tip? | Simms (State) | Simms lacked sufficient basis; anonymous tip unreliable; no corroboration. | No reasonable suspicion; suppression affirmed. |
| Did the officers have probable cause to arrest for loitering or prowling? | State. | Insufficient observable conduct; tip alone fails. | Probable cause lacking; reverse as to suppression. |
| Did the anonymous tip create a permissible basis for detention? | State relied on tip to justify stop. | Tip alone insufficient; corroboration required. | Tip insufficient; cannot justify detention. |
| Was loitering or prowling properly applied as a charge in these circumstances? | State argued circumstantial evidence supported uncommon behavior. | Defendant's conduct not enough to create immediate safety concern. | Not supported; statute not applicable here. |
Key Cases Cited
- Florida v. J.L., 529 U.S. 266 (U.S. 2000) (anonymous tip lacking sufficient indicia of reliability for Terry stop unless corroborated)
- Baptiste v. State, 995 So.2d 285 (Fla. 2008) (anonymous tips must be corroborated to avoid harassment; reliability matters)
- Woody v. State, 581 So.2d 966 (Fla. 2d DCA 1991) (loitering/prowling burden not met by speculative concern)
- L.C. v. State, 516 So.2d 95 (Fla. 3d DCA 1987) (suspicious behavior in high-crime area insufficient for imminent threat)
- Springfield v. State, 481 So.2d 975 (Fla. 4th DCA 1986) (officers cannot base arrest for loitering/prowling on residents’ reports; limits on prosecutorial use)
- K.W. v. State, 906 So.2d 383 (Fla. 2d DCA 2005) (standard: defer to trial court’s factual findings but review legal application de novo)