Jackson v. State, 579 So. 2d 871

PER CURIAM.

We reverse the conviction for possession of cocaine in case no. 89-1326. The trial court denied appellant‘s motion to suppress on the ground that appellant‘s compliance with the officer‘s instruction to exit the vehicle in which he was sitting was a consensual encounter. Although we agree the officer needed no founded suspicion to approach and talk to the defendant, once the officer directed the defendant to exit the car, the encounter became a stop. See, e.g., Brown v. State, 577 So.2d 708 (Fla. 2d DCA 1991).¹ The motion to suppress in case no. 89-1326 should have been granted. We affirm the conviction in case no. 89-3151.

REVERSED in part; AFFIRMED in part and REMANDED.

COBB, PETERSON and GRIFFIN, JJ., concur.

Notes

1

[1] Although not the basis of the trial court‘s ruling, we also conclude the record does not support a founded suspicion sufficient to authorize an investigatory stop.

Case Details

Case Name: Jackson v. State

Court Name: District Court of Appeal of Florida

Date Published: May 23, 1991

Citations: 579 So. 2d 871; 1991 WL 83743; 90-863

Docket Number: 90-863

Court Abbreviation: Fla. Dist. Ct. App.