County Criminal Court: CRIMINAL LAW – Search and Seizure – Stop - Trial court erroneously concluded that the defendant’s flight immediately upon seeing the police in a high-crime neighborhood did not provide the police with a reasonable suspicion to make an investigatory stop. – Order granting motion to suppress reversed. State v. Gross, No. CRC 04-28 APANO (Fla. 6th Cir. App. Ct. Dec. 30, 2004).

 

 

 

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

 

STATE OF FLORIDA

 

            Appellant,

 

Appeal No. CRC 04-28 APANO

UCN522004AP000028XXXXCR

v.

 

SHELTON GROSS

 

            Appellee.

______________________________/

 

 

Opinion filed ___________________.

 

Appeal from a decision of the

Pinellas County Court

County Judge Sonny Im

 

C. Marie King, Esq.

Assistant State Attorney

 

Shelton Gross

Pro Se

 

ORDER AND OPINION

 

            (J. Morris)

 

            THIS MATTER is before the Court on the State’s appeal of a decision by the trial court granting the defendant’s motion to suppress. After reviewing the briefs and record, this Court reverses the decision of the trial court.

            According to the testimony, at approximately 9:30 in the evening the police noticed the defendant and another man standing by the side of the street. The officer testified that he saw what he believed to be hand- to-hand contact between the two men

--- as if one had passed something to the other. The officer had extensive experience with drug enforcement and knew the area was a high-crime area. He believed the two men might be engaged in a drug transaction.

When he got out of the car the officer began to approach the defendant. The officer testified that the defendant started to run away once he appeared to have noticed that it was a police officer who was approaching him. The officer gave chase on foot and eventually caught the defendant. The officer testified that he smelled marijuana on the defendant. The defendant was ultimately arrested and searched. The search revealed marijuana.

The trial court erroneously concluded that this set of facts did not provide the police with reasonable suspicion to make a stop. The decisive factor in this Court’s determination that the stop was proper is the fact that the defendant ran away as soon as he realized that a police officer was approaching him. The United States Supreme Court addressed this issue in the case of Illinois v. Wardlow, 528 U.S. 119 (2000). In Wardlow, officers patrolling a high-crime area observed the suspect turn and flee upon seeing them. The Court held that the police had a reasonable suspicion to stop the suspect because of his unprovoked flight in a high-crime area. The Court explained that, “Headlong flight --- wherever it occurs --- is the consummate act of evasion,” and “[f]light, by its very nature, is not ‘going about one’s business.’ “ 528 U.S. at 124, 125. However, Florida courts, prior to Wardlow,  held that unprovoked flight in a high-crime area did not provide the police with reasonable suspicion that a person had committed, was committing, or was about to commit a crime. Wardlow effectively reversed those decisions. See Paff v.

State, 884 So.2d 271 (Fla. 2d DCA 2004). Therefore, based upon  Wardlow and Paff, this Court hereby reverses the decision of the trial court.

            IT IS THEREFORE ORDERED that the order granting the defendant’s motion to suppress is reversed, and this matter is remanded to the trial court for action consistent with this Order and Opinion.

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this_____ day of December, 2004.

 

                                                                        _________________________

                                                                                    David A. Demers

                                                                                    Circuit Judge

 

 

 

                                                                        ________________________

                                                                                    Robert J. Morris, Jr.

                                                                                    Circuit Judge

 

 

 

                                                                        ________________________

                                                                                    Irene S. Sullivan

                                                                                    Circuit Judge

 

cc:   State Attorney

 

        Shelton Gross

 

        Judge Im