Enich v. State
| Decision Date | 05 March 2003 |
| Docket Number | No. 3D02-2167.,3D02-2167. |
| Citation | 838 So.2d 1216 |
| Parties | Corey Tyrone ENICH, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
838 So.2d 1216
Corey Tyrone ENICH, Appellant,v.
The STATE of Florida, Appellee
No. 3D02-2167.
District Court of Appeal of Florida, Third District.
March 5, 2003.
Charles J. Crist, Jr., Attorney General, Michael J. Neimand, Assistant Attorney General, and Alison F. Smith, Certified Legal Intern, for appellee.
Before COPE, GODERICH and FLETCHER, JJ.
PER CURIAM.
The defendant, Corey Tyrone Enich, appeals from the denial of a motion to suppress physical evidence. For the reasons that follow, we affirm.
The defendant was charged with carrying a concealed firearm and possession of a firearm or weapon by a convicted delinquent. The defendant filed a motion to suppress the firearm contending that the pat-down search was illegal.
At the suppression hearing, the only witness who testified was Sergeant Reginald Kinchen, the police officer who frisked the defendant. The officer testified that he was working off duty in a known drug area when he was approached by a citizen who told him that drugs were being sold at a certain apartment. When the officer arrived at the apartment building, he saw the defendant sitting on milk crates on the second floor of the building next to the apartment. The officer began to ascend the stairs, but before he could approach, the defendant made a "bee-line" to the end of the hallway where there was debris. When asked to explain what he meant by "bee-line," the officer explained that the defendant "jumped up, and quickly walked to the end of the hallway...." The officer believed that the defendant's actions were "strange."
When the defendant reached the end of the hallway, "he knelt down, and turn[ed] into the garbage, to like conceal himself." The officer testified that he then saw the defendant "crouching under the shirt he was wearing" and "putting stuff down in the hallway." The officer also described the defendant's actions as kneeling down and "concealing something behind the objects there at the end of the hallway." The officer, however, could not see what objects the defendant was concealing.
The officer became "alarmed by [the defendant's] actions," and therefore, asked him to approach. At that time, the officer's intention was "to merely give [the defendant] an explanation of [his] actions." The defendant came out from the end of the hallway, and when the officer asked him his name and other questions, the defendant "started stuttering and shaking all...
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