State v. Hankerson
65 So. 3d 502
| Fla. | 2011Background
- Hankerson charged with possession of cocaine with intent to sell within 1000 feet of a school; moved to suppress evidence from an illegal search.
- At suppression hearing, Officer Lucas testified to surveilling a residence tied to drug activity and Hankerson's brief exchanges for cash with three individuals.
- Lucas radioed for a traffic stop; Officer Schmidt stopped Hankerson and found a bag containing cocaine and cash on Hankerson.
- Trial court denied suppression, finding probable cause to search based on observed transactions and Hankerson's conduct.
- Fourth District reversed, suppressing the evidence; State argued on appeal that the stop theory was legally viable, which the Fourth District refused to consider.
- Supreme Court granted review to resolve conflict with Radio Station WQBA and to address whether probable cause justified the search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Fourth District erred in not considering the investigatory-stop theory | State contends the stop theory was properly argued and supported by the record. | Hankerson argues the stop theory was not properly preserved in the trial court and should not be considered. | Fourth District erred in refusing to consider the stop theory; court may consider any record-supported basis. |
| Whether officers had probable cause to search Hankerson | State contends the totality of circumstances supported probable cause due to drug-transaction indicators. | Hankerson contends the facts only supported reasonable suspicion, not probable cause. | Probable cause existed to search Hankerson based on the totality of circumstances. |
Key Cases Cited
- Radio Station WQBA, 731 So.2d 638 (Fla.1999) (appellee may argue grounds not preserved if record supports judgment)
- Revels v. State, 666 So.2d 213 (Fla.2d DCA 1995) (six factors guiding probable cause vs. reasonable suspicion in drug surveillance)
- Knox v. State, 689 So.2d 1224 (Fla.5th DCA 1997) (probable cause from observed drug-transaction-like conduct during surveillance)
- Coney v. State, 820 So.2d 1012 (Fla.2d DCA 2002) (single suspicious event not enough for probable cause to search)
- Popple v. State, 626 So.2d 185 (Fla.1993) (three levels of police-citizen encounters and the reasonable suspicion standard)
- Ornelas v. United States, 517 U.S. 690 (U.S. 1996) (probable cause is a fluid concept based on totality of circumstances)
- Gates v. Illinois, 462 U.S. 213 (U.S. 1983) (totality of the circumstances test for probable cause)
- Betz v. State, 815 So.2d 627 (Fla.2002) (probable cause standard in Florida cases)
- PK Ventures, Inc. v. Raymond James & Assocs., Inc., 690 So.2d 1296 (Fla.1997) (courts may consider issues affecting the case once jurisdiction is obtained)