Addis v. State, 89-1228
| Decision Date | 30 January 1990 |
| Docket Number | No. 89-1228,89-1228 |
| Citation | 557 So.2d 84 |
| Parties | 15 Fla. L. Weekly D283 Michael Scott ADDIS, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Roberta G. Mandel, Asst. Atty. Gen., for appellee.
Before BASKIN, LEVY and GERSTEN, JJ.
The defendant appeals the denial of his motion to suppress drug paraphernalia and cocaine seized from his person after he was arrested for loitering and prowling. We reverse finding that there was insufficient probable cause to arrest the defendant for loitering and prowling and, thus, the evidence obtained as a result of the impermissible search must be suppressed.
Michael Addis, the defendant, was observed by a police officer at 2:40 a.m. walking down an alley looking into parked vehicles. The officer was not responding to any call about suspicious persons when he first saw the defendant. Although the defendant never tried any of the car door handles, the officer, believing that the defendant was thinking of breaking into a car, drove into the alley shining his high beam headlights on the defendant. The defendant, who was dressed like a "drifter", looked back at the police car and started walking in another direction. The officer then stopped the defendant and asked him what he was doing in the alley. The defendant replied that he was walking to a Denny's restaurant. The officer read the defendant his Miranda rights and asked for identification. The defendant stated that he did not have any identification.
The officer then questioned the defendant as to why he was walking westbound, when the Denny's restaurant, that he claimed was his destination, was actually located eastbound. This time the defendant stated that he was looking for a friend who lived at a hotel next to where the parked cars were located. However, when asked by the officer what the name of his friend was, the defendant replied that he did not know.
The officer arrested the defendant for loitering and prowling. A search of the defendant's person revealed drug paraphernalia and cocaine. The defendant was charged with possession of cocaine, possession of drug paraphernalia, and loitering and prowling. His motion to suppress the cocaine and drug paraphernalia, on the basis of an unlawful stop and arrest, was denied. The State nolle-prossed the loitering and prowling charge. The defendant pled nolo contendere on the possession charges expressly reserving the right to appeal the denial of his motion to suppress. He was found guilty of possession of cocaine and sentenced to 2 and 1/2 years in prison.
To establish a loitering and prowling violation under Section 856.021, Florida Statutes (1987), there must be sufficient probable cause to believe both that: "(1) the defendant loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals; [and] (2) such loitering and prowling were under circumstances that warranted a justifiable and reasonable alarm or immediate...
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Railroad v. State
...into unoccupied vehicles in a very dark area was not sufficient to raise justifiable alarm of an immediate threat); Addis v. State, 557 So.2d 84, 84 (Fla. 3d DCA 1990) (determining that defendant, who looked like a drifter, observed by an officer walking down an alley at 2:40 a.m., looking ......
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Gonzalez v. State, 3D02-1291.
...the facts do not satisfy the "alarm" element of a loitering and prowling offense. See T.W. v. State, 675 So.2d at 1018; Addis v. State, 557 So.2d 84 (Fla. 3d DCA 1990); V.E. v. State, 539 So.2d 1170 (Fla. 3d DCA 1989); L.C. v. State, 516 So.2d 95 (Fla. 3d DCA 1987). See also R.M. v. State, ......
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A.L. v. State
...threatened." 311 So.2d at 109 (quoting Terry v. Ohio, 392 U.S. 1, 21, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968) ); see also Addis v. State, 557 So.2d 84, 85 (Fla. 3d DCA 1990).We find that there is insufficient evidence to support the trial court's conclusion that A.L. committed the offense of l......
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K.H. v. State
...the windows of the pickup, without more, is insufficient to establish the offense of loitering and prowling. See Addis v. State, 557 So.2d 84, 85 (Fla. 3d DCA 1990); Bowser v. State, 937 So.2d 1270, 1271 (Fla. 2d DCA 2006). However, the State argues that the totality of the circumstances ga......
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A loitering and prowling primer.
...and prowling beyond a reasonable doubt; that middle ground is probable cause to arrest for loitering and prowling. In Addis v. State, 557 So. 2d 84 (Fla. 3d DCA 1990), the defendant was seen walking down an alley at 2:40 a.m., looking into parked vehicles. The officer shined a light on the ......