125 So. 3d 271
Fla. Dist. Ct. App.2013Background
- Defendant convicted of robbery with a deadly weapon and aggravated battery after an incident where he demanded money from the victim, a struggle occurred, and the victim was injured.
- Two days later, an officer saw the defendant’s car missing a side-view mirror and stopped him for driving with a suspended license; the officer arrested him.
- A search incident to arrest yielded a blank check with the victim’s name and two pocket knives in the defendant’s pockets, plus possible blood stains on the car trunk.
- At suppression, the State argued the stop was justified by safety equipment statutes; the trial court denied the suppression motion, finding the missing mirror made the vehicle unsafe.
- The appellate court reversed, holding the stop illegal because the absence of a single exterior mirror did not establish unsafe condition under the statute and because the State failed to prove the vehicle was unsafe, and remanded for a new trial; the court also left undecided the voir dire issue but found merit in the suppression issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of traffic stop based on missing mirror | Defendant argues stop valid under safety statutes | State relied on safety statutes but did not prove unsafe vehicle | Stop illegal; suppression granted |
Key Cases Cited
- Hilton v. State, 961 So.2d 284 (Fla. 2007) (statutory interpretation; stop permissible only if vehicle unsafe; burden on State)