Morrow v. StateMorrow v. State
Vaughn Morrow appeals from his judgments and sentences for possession of cocaine and possession of marijuana. He argues that the drugs found during a search of his person were the product of an illegal detention and, therefore, the trial
Morrow was a passenger in a car that a police officer stopped for speeding and for failing to display a tag. The officer approached the driver‘s side of the car and asked the driver for his driver‘s license and registration. After the driver complied, the officer then asked Morrow, who was sitting in the front passenger seat, for identification because Morrow was not wearing his seat belt. Morrow refused to tell the officer his name. In response to Morrow‘s refusal, the officer temporarily abandoned his investigation of the traffic infractions that led to the stop. He walked around the car and positioned himself “right outside the passenger door” while he called for back-up. When the back-up officer arrived, Morrow gave his name, and it was discovered that Morrow had outstanding warrants for his arrest. A search of Morrow‘s person incident to arrest revealed crack cocaine and marijuana.
Morrow argues that the trial court should have granted his motion to suppress the drugs because they were found during a search of his person after an illegal detention resulted in his arrest. The State contends that the detention was legal because the officer had made a valid traffic stop and because he had a reasonable suspicion that Morrow had violated the seat belt statute. Alternatively, the State argues that the officer‘s interaction with Morrow was a consensual encounter.
An officer may detain a citizen temporarily if the officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. Popple v. State, 626 So.2d 185, 186 (Fla. 1993). Whether an officer‘s suspicion is reasonable is determined by the totality of the circumstances which existed at the time of the stop and is based solely on facts known to the officer before the stop. See McCloud v. State, 491 So.2d 1164 (Fla. 2d DCA 1986).
A reasonable suspicion of criminal activity is not necessary if the contact is merely a consensual encounter. Popple, 626 So.2d at 186. In a consensual encounter, a police officer has the right to approach an individual in public and ask questions or request identification without a founded suspicion of criminal activity. Id. at 187. The individual may, but is not required, to cooperate with the police at this stage. Id. at 186; Cliett v. State, 722 So.2d 916 (Fla. 2d DCA 1998). When Morrow refused to give the officer his name, it should have been the end of the encounter.
However, instead of ending the encounter with Morrow, the officer positioned himself outside Morrow‘s door and called for back-up. Morrow argues that this transformed what started as a consensual encounter into a seizure, and we agree. “[A] significant identifying characteristic of a consensual encounter is that the officer cannot hinder or restrict the
Thus, what began as a consensual encounter evolved into an investigatory stop. Because the officer did not have the reasonable suspicion necessary to authorize an investigatory detention, the detention and subsequent arrest were illegal. Therefore, the drugs found as a result of the search incident to that arrest should have been suppressed. Accordingly, we reverse Morrow‘s convictions and sentences.
Reversed.
ALTENBERND, C.J., and SALCINES, J., Concur.