132 So. 3d 331
Fla. Dist. Ct. App.2014Background
- Early morning anonymous call reported “two to three black males” breaking into an electrical box near a residence; caller provided no identifying details.
- Police dispatched; within ~12 minutes officers located three black males ~100 feet (later ~100 yards) from the residence riding two bicycles.
- Upon seeing marked units, the three males fled; one rider holding a black bag dropped it and another (J.T.) dropped an orange screwdriver while running.
- Officers detained J.T. after he abandoned his bicycle and was ordered to stop; the dropped bag later contained a computer and a bank envelope.
- Trial court granted defendant’s motion to suppress, finding no reasonable suspicion; the State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable suspicion to detain after anonymous tip and flight | Totality (anonymous tip + proximity + time + flight + dropped items) created reasonable suspicion for investigative stop | Anonymous tip alone insufficient; flight not proven to be unprovoked or linking defendant to burglary | Reversed: officers had reasonable suspicion under totality of circumstances |
Key Cases Cited
- R.J.C. v. State, 84 So.3d 1250 (Fla. 4th DCA 2012) (appellate standard for reviewing suppression findings)
- Santiago v. State, 941 So.2d 1277 (Fla. 4th DCA 2006) (reasonable-suspicion inquiry uses totality of circumstances)
- Belsky v. State, 831 So.2d 803 (Fla. 4th DCA 2002) (same)
- Baptiste v. State, 995 So.2d 285 (Fla. 2008) (anonymous tip plus evasive behavior can supply reasonable suspicion)
- Sinclair v. State, 816 So.2d 149 (Fla. 1st DCA 2002) (proximity and evasive behavior shortly after report supported stop)
- State v. D.D.D., 908 So.2d 1180 (Fla. 2d DCA 2005) (dispatch info, immediate arrival, dropping object, and movement away supported detention)