NOT FINAL UNTIL TIME EXPIRES FOR REHEARING
AND, IF FILED, DETERMINED
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
STATE OF
Appellant,
v. Appeal No. CRC 06-19 APANO
UCN522006AP000019XXXXCR
DONALD LEE PHILLIPS, JR.
Appellee.
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Opinion filed __________________.
Appeal from a decision of the
Honorable John Carballo
County Court Judge
John S. Thacker, Esquire
Assistant State Attorney
J. Kevin Hayslett, Esquire
Attorney for appellee
ORDER AND OPINION
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.
A police officer observed the defendant roll through a red light without coming to a complete stop and make a right turn in violation of a “no right on red” sign. The officer conducted a traffic stop of the defendant. As a result of evidence obtained following the stop, the defendant was ultimately arrested for DUI. At the hearing on the defendant’s motion to suppress, there was evidence that the “no right on red” sign was illegally placed; and consequently no tickets were being enforced for any alleged violations of that sign. The trial court, however, specifically found that the defendant did not come to a complete stop at the traffic light. But the trial court refused to justify the stop because of that traffic violation. In granting the defendant’s motion to suppress, the trial court reasoned that the officer testified he stopped the defendant for violating the “no right on red” sign; therefore based upon Whren v. United States, 517 U.S. 806 (1996), only the reason stated by the officer making the stop is relevant. The State claims this was error, and has appealed the decision of the trial court.
This Court agrees with the State that
the stop was proper. The trial court misinterpreted Whren. It is
well established that as long as the facts show that there was a legitimate
reason for law enforcement to stop an individual for a traffic violation, the
individual officer’s subjective reason for actually making the stop is
irrelevant. See e.g., State,
Dept. of Highway Safety and Motor Vehicles v. Jones, 935 So.2d 532 (
In the case at bar, the failure of the defendant to come to a complete stop at the red light was a traffic violation; and clearly provided justification for the officer to make the stop. Therefore, the motion to suppress should have been denied.
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.
ORDERED
at
_______________________
Linda R. Allan
Circuit Court Judge
_________________________
R.
Timothy Peters
Circuit Court Judge
___________________________
John A. Schaefer
Circuit Court Judge
cc: Office of the State Attorney
J. Kevin Hayslett, Esquire
Honorable John Carballo