IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

STATE OF FLORIDA

v.                                                                                 Appeal No. CRC 00-12114 CFANO

ELIZABETH M. ROHRER

_____________________________/

Opinion filed ________________.

Appeal from a decision of the Pinellas County Court

County Judge Thomas McGrady

Jennifer Schick, Esq.
Assistant State Attorney

Joy Goodyear, Esq.
Assistant Public Defender

ORDER AND OPINION

      (Demers, J.)

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

       The State contends that the deputy had reasonable suspicion to stop the defendant because the deputy ran the defendant’s tag in the computer and found the registered owner of the car had a suspended driver’s license. Prior to making the stop, the deputy verified that the information on the registered owner matched that of the driver of the car.    

     This Court has previously ruled that similar facts gave rise to a reasonable suspicion that the driver of the vehicle was violating his driver’s license restriction. See State v. Tolley,  No. CRC 99-9965 CFANO (Fla. 6^th Cir. Ct. March 14, 2001). In Tolley this Court relied upon Smith v. State, 574 So.2d 300 (Fla. 5^th DCA 1991) for the proposition that the police do not need to determine if the registered owner and the driver are one in the same prior to making an investigatory stop. All that is needed is the knowledge that the registered owner of the vehicle has an invalid driver’s license. Therefore, based upon Tolley and Smith this Court finds that the deputy had reasonable suspicion that the driver of the car was driving without a valid driver’s license. Thus, the stop was lawful and the evidence should not have been suppressed. The trial court’s ruling to the contrary is reversed.

       The defendant’s reliance upon State v. Perkins, 760 So.2d 85 (Fla. 2000) is misplaced. In contrast to the case at bar, in Perkins there was no information prior to the stop that the registered owner had a suspended or otherwise invalid driver’s license. Furthermore, the issue in Perkins was whether identity of the driver is subject to suppression where a vehicle is unlawfully stopped. Clearly Perkins does not justify suppression.

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

        DONE AND ORDERED in Chambers at St.Petersburg, Pinellas County, Florida this 2nd day of July, 2001.

cc:   State Attorney
Public Defender
Judge McGrady