v. Crilley, No. 02-88 (
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
JEPHREY JOSEPH CRILLEY,
Appeal from Order granting Motion to Suppress
County Judge William Overton
Heather B. Quick, Esq.
Assistant State Attorney
Attorney for Appellant
Timothy W. Weber, Esq.
Attorney for Appellee
††††††††††† THIS MATTER is before the Court on the Stateís appeal from the trial courtís Order granting the defendantís Motion to Suppress.† After reviewing the briefs and record, this court affirms the trial courtís decision.
††††††††††† On March 4, 2001 at approximately 9:30 p.m. Officer Jonette Demange with the Treasure Island Police Department stopped the defendant for failure to maintain a single lane in violation of Fla. Stat ß316.089.† After stopping the defendant, Officer Demange initiated an investigation that ultimately resulted in the defendantís arrest for DUI.†
††††††††††† At the hearing on the Motion to Suppress,
the officer testified that prior to the stop she was driving directly behind
the defendant at the 112 block on
††††††††††† On granting defendantís Motion to Suppress,
the trial court found ďthat Officer Jeanette Demange,
with the Treasure Island Police Department, conducted a traffic stop on the
Defendantís vehicle, the sole basis of which was failure to maintain a single
lane under Section 316.089, Florida Statutes (2001); that the Defendantís
driving did not affect any other traffic on the roadway or create a reasonable
safety concern warranting an investigatory stop; and thus the Court relied
on the cases of State v. Gianchinta, 5 Fla.
L. Weekly Supp 661 (Fla. 17th Jud. Cir.,
††††††††††† ďAppellate review of a motion to suppress
involves questions of both law and fact and an appellate court must make a
de novo review of the trial courtís application of the law to the facts.Ē†
Rosenquist v. State, 769 So.2d
††††††††††† This Court agrees with the trial court.† As in the case law cited by the trial court, although the defendantís vehicle may well have been weaving over the short distance, no other traffic was impeded or endangered, nor were any pedestrians endangered.† The arresting officer testified that the only basis for her stop was that the defendant failed to maintain a single lane although the defendantís driving was not affecting the other traffic.† Based on those facts, there was no violation of Fla. Stat. ß316.089 which would have given the officer probable cause for the stop.† It is therefore,
††††††††††† ORDERED AND ADJUDGED that the trial courtís Order granting the defendantís Motion to Suppress is affirmed.
††††††††††† DONE AND ORDERED in chambers
NANCY MOATE LEY
Primary Appellate Judge
W. DOUGLAS BAIRD
TIMOTHY R. PETERS