112 So. 3d 611
Fla. Dist. Ct. App.2013Background
- Detectives responded to a narcotics tip in a high-crime area and began surveillance from across the street.
- They observed an individual other than Law engage in a hand-to-hand transaction in the apartment parking lot.
- Law interacted with the same individual, then acted nervous and walked away after seeing a takedown unfold.
- Law reemerged with money, approached the group, and appeared frightened upon the takedown signal.
- Law grabbed his waistband and fled when approached by Detective A, prompting a chase.
- A firearm was ultimately observed at the doorway during a struggle, leading to Law’s arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Law’s flight was provoked or unprovoked and its effect on reasonable suspicion | State argues flight in a high-crime area supports suspicion | Law contends flight was provoked by police presence and thus insufficient | Flight supported reasonable suspicion; suppression reversed and remanded |
Key Cases Cited
- Illinois v. Wardlow, 528 U.S. 119 (U.S. 2000) (unprovoked flight in a high-crime area supports reasonable suspicion)
- C.E.L. v. State, 24 So.3d 1181 (Fla. 2009) (flight can establish reasonable suspicion in high-crime areas)
- California v. Hodari D., 499 U.S. 621 (U.S. 1991) (seizure occurs when chased, not merely when approached)
- United States v. Franklin, 323 F.3d 1298 (11th Cir. 2003) (pre-arrest events may establish reasonable suspicion)