112 So. 3d 529
Fla. Dist. Ct. App.2013Background
- Deputy observed appellee illegally park on grass marked 'do not park' during a routine area check.
- By the time the deputy reached appellee, appellee had exited the car and was crossing the street.
- The deputy motioned appellee to return to the car, asked for a driver’s license, and appellee presented a Florida ID card.
- Deputy ran appellee’s information on the teletype, which showed multiple suspensions of appellee’s license.
- The deputy subsequently arrested appellee after appellee acknowledged knowing of the license suspension.
- The trial court granted appellee’s motion to suppress as an illegal stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was calling appellee back to the vehicle a permissible seizure? | Appellee—Levine; stop unlawful, no grounds to detain. | State; deputy had authority to call back for a traffic citation. | Yes; deputy could call back and issue a citation. |
| Did the deputy have probable cause to conduct a traffic stop for parking violation? | Appellee parked on grass in violation; stop valid. | State; observed parking violation justifies stop. | Yes; probable cause existed to stop for parking violation. |
| Was the stop limited to issuing a ticket and did not require criminal activity? | Stop was an arrest-like detainment unrelated to criminal activity. | Stop permissible when issuing a citation for a noncriminal traffic infraction. | Yes; normal traffic-stop framework applied and did not require criminal activity. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (1996) (probable cause to stop; legitimate traffic-stop framework)
- Cresswell v. State, 564 So.2d 480 (Fla. 1990) (stop must last no longer than necessary to issue citation)
- K.S. v. State, 85 So.3d 566 (Fla. 4th DCA 2012) (nonmoving traffic infraction includes non-criminal violations)
- Reid v. State, 898 So.2d 248 (Fla. 4th DCA 2005) (no reasonable suspicion needed for valid initial stop)
- D.A. v. State, 10 So.3d 674 (Fla. 3d DCA 2009) (driver’s license checks routinely accompany a traffic stop)
- State v. Gross, 184 P.3d 978 (Kan. App. 2008) (officers may detain briefly to address traffic violation observed)
- Braddy v. State, 111 So.3d 810 (Fla. 2012) (presumption of correctness in suppression rulings; de novo law application)
- Gilbert v. State, 104 So.3d 1123 (Fla. 4th DCA 2012) (standard for reviewing trial court factual determinations)