Bussey v. State, 87-365
| Decision Date | 19 July 1988 |
| Docket Number | No. 87-365,87-365 |
| Citation | 528 So.2d 955,13 Fla. L. Weekly 1705 |
| Parties | 13 Fla. L. Weekly 1705 Michael BUSSEY, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Steven T. Scott, Asst. Atty. Gen., for appellee.
Before NESBITT, DANIEL S. PEARSON and JORGENSON, JJ.
Bussey appeals from an order withholding adjudication of guilt and granting one year of probation. 1 We affirm.
At approximately 1:30 a.m., police received an anonymous tip that two black males were removing a tire from a vehicle located in the parking lot of an apartment complex. The tipster told the police that the vehicle was parked on the west side of the complex. The tipster also furnished the address of the complex and indicated that one of the two men was wearing a white T-shirt and brown shorts.
The police arrived at the complex five minutes after receiving the tip. The parking lot was lit and deserted except for two black males, one of whom was wearing a white T-shirt and blue shorts. The men were observed within four feet of a vehicle which was missing the right rear tire. Tire removal tools were located nearby. Although other cars were parked in the lot, none was adjacent to the vehicle. The officers detained and questioned the men. A warrants search revealed two open warrants on Bussey, who was placed under arrest. A search incident to his arrest revealed cocaine. Following a hearing on Bussey's motion to suppress the cocaine, the trial court denied the motion, finding that the officers had reasonable suspicion to detain Bussey. Bussey then entered a plea of nolo contendere, reserving the right to appeal the denial of his motion. Adjudication was withheld and Bussey was placed on one year's probation.
Bussey contends that the description given by the anonymous tipster was too vague and general to provide the officers with a reasonable belief that Bussey was involved in criminal activity. We disagree. A stop based upon an anonymous tip is valid where the reliability of the tip has been established through detailed and specific information later corroborated by prompt police action in locating the described individual in the named location. State v. Hetland, 366 So.2d 831 (Fla. 2d DCA 1979), approved, 387 So.2d 963 (Fla.1980); see also McKee v. State, 430 So.2d 983 (Fla. 3d DCA), rev. denied, 437 So.2d 677 (Fla.1983).
We find that the tip in this case meets the criteria established in Hetland. While it would be ideal if every subject of an anonymous tip had a unique or flamboyant appearance, see Hetland (description of suspect as tall white male with dirty, shoulder-length blond hair, full beard and mustache, wearing...
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