Frierson v. State

• Decision Date: 06 August 2003
• Docket Number: No. 4D02-1875.,4D02-1875.
• Citation: 851 So.2d 293
• Parties: Anthony FRIERSON, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

851 So.2d 293

Anthony FRIERSON, Appellant, v. STATE of Florida, Appellee.

No. 4D02-1875.

District Court of Appeal of Florida, Fourth District.

August 6, 2003.

Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant appellant's motion for rehearing in part, withdraw our previous opinion and substitute the following:

This case presents two significant Fourth Amendment issues: (1) Whether during a traffic stop the police may rely on an arrest warrant that arose from an earlier incident where an imposter identified himself as the driver whom the police have detained? and (2) Where there is no reasonable cause to justify a traffic stop, may an outstanding arrest warrant constitute an intervening circumstance that dissipates the taint of the illegal action, so that evidence uncovered during a search incident to arrest is admissible in evidence?

We hold that although the officer might justifiably rely on the erroneously issued warrant to make an arrest, the firearm uncovered during the search incident to the arrest was nonetheless the fruit of the illegal stop, so that it must be suppressed.

After his motion to suppress was denied, Anthony Frierson pled no contest to possession of a firearm by a convicted felon and reserved his right to appeal. The order denying the motion to suppress is "a prior dispositive order" of the circuit court within the meaning of Florida Rule of Appellate Procedure 9.140(b)(2)(A)(i), so this court has jurisdiction.

Frierson sought to suppress the seizure of the firearm, contending that the stop which preceded the arrest was unlawful and that the warrant which provided the basis for his arrest was wrongfully issued.

The trial judge made the following findings of fact:

[O]n July 8, 2001, the defendant was driving an automobile at the intersection of Old Dixie Highway and Northlake Boulevard in Lake Park, Florida. The vehicle in which the defendant was riding was stopped at a traffic light facing north on Old Dixie Highway. Officer Steven Miller was stopped behind the defendant's vehicle. Upon the traffic light turning green, the defendant made a left hand turn onto Northlake Boulevard. Officer Miller testified that the defendant did not use a left turn signal prior to or during the left hand turn. Officer Miller also testified that neither he nor the drivers of other vehicles were affected by the defendant's failure to use a turn signal while making that turn. The officer's testimony also indicated that he observed a white light emanating from a crack in the plastic lens covering the tail light of the left rear of the defendant's vehicle. Officer Miller acknowledged that the plastic lens was cracked, but that the light was operating.

Because the defendant failed to use a turn signal in making his left hand turn and because white light was emanating from a crack in the plastic lens covering the taillight, Officer Miller effected a traffic stop of the defendant's vehicle. Upon being stopped by Officer Miller, the defendant provided the officer with identification. Officer Miller ran a check on the defendant, and learned that there was an outstanding warrant for the defendant's arrest for failure to appear in another proceeding. As a result of the outstanding warrant, the defendant was arrested. A search incident to the defendant's arrest revealed the firearm which formed the basis of the charge against him in this case. A subsequent investigation determined that the warrant which provided the basis for the defendant's arrest was issued due to another person's failure to appear. Someone other than the defendant was issued a notice to appear in the other case and wrongfully gave the issuing officer the defendant's name and date of birth. A fingerprint was taken of the individual to whom the notice to appear was issued. It is undisputed the print taken did not match that of the defendant's.

For reasons which we will explore more fully below, the trial court denied the motion to suppress, holding that even though the initial traffic stop was without reasonable cause, the existence of the arrest warrant constituted an intervening circumstance which dissipated the taint of the gun being obtained as the result of an illegal traffic stop.

The traffic stop was without legal basis

In this case, the officer stopped Frierson for the failure to signal when turning and driving with a cracked taillight.

Under section 316.155(1), Florida Statutes (2000), a person may not turn a vehicle "from a direct course upon a highway unless and until such movement can be made with reasonable safety, and then only after giving an appropriate signal ... in the event any other vehicle may be affected by the movement." A law enforcement officer may arrest a person without a warrant when a "violation of chapter 316 has been committed in the presence of the officer." § 901.15(5), Fla. Stat. (2000).

Section 316.610, Florida Statutes (2000) prohibits the driving of a vehicle that "is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter." Section 316.221(1), Florida Statutes (2000) requires a motor vehicle to be equipped with "at least two taillamps mounted on the rear, which, when lighted... shall emit a red light plainly visible from a distance of 1,000 feet to the rear...."

Upon "reasonable cause to believe that a vehicle is ... not equipped as required by law, or that its equipment is not in proper adjustment or repair," a police officer may "require the driver of the vehicle to stop and submit the vehicle to an inspection...." § 316.610(1).

We agree with the circuit court that the stop of Frierson was without reasonable cause. We adopt Judge Marra's reasoning:

Because, the undisputed testimony indicated that no drivers were affected by the defendant's failure to use a turn signal, and the left tail light of the defendant's vehicle was, in fact operating, the defendant contends that Officer Miller had no legal basis to effect the traffic stop. Established precedent from the Florida Supreme Court supports the defendant's contention.

In State v. Riley, 638 So.2d 507 (Fla. 1994), the court was presented with facts nearly identical to those presented in the present case. The defendant in Riley was a passenger in a vehicle that was stopped for failure to use a turn signal when making a right-hand turn. As a result of the stop, the defendant was arrested for possession of marijuana. The defendant challenged the validity of the stop, contending that since no one was affected by the turn, the arresting officer had no basis to conduct a traffic stop. In holding that the stop was improper, the supreme court held that:

Section 316.155(1) directs that a person may not turn a vehicle from a direct course upon a highway unless and until the turn can be made with reasonable safety. The statute further provides that the turn may only be completed "after giving an appropriate signal in the manner hereinafter provided, in the event any other vehicle may be affected by the movement." § 316.155(1), Fla. Stat. (1991) (emphasis added). Thus, the plain language of the statute only requires a signal if another vehicle would be affected by the turn.... If no other vehicle is affected by a turn from the highway, then a signal is not required by the statute. If a signal is not required, then a traffic stop predicated on failure to use a turn signal is illegal and any evidence obtained as a result of that stop must be suppressed.... The two officers that stopped the vehicle testified that no other vehicle was affected by the driver's right-hand turn onto the highway. Under these circumstances, the driver did not violate section 316.155 and should not have been stopped by the officers. Thus, the evidence obtained as a result of the improper stop was properly suppressed.

Id. at 508. A subsequent case interpreting Riley has recognized that the mere failure to use a turn signal, without the driver's conduct creating a reasonable safety concern, does not constitute a violation of the statute. See Crooks v. State, 710 So.2d 1041, 1043 (Fla. 2d DCA 1998)

.

In view of the fact that the undisputed testimony in this case was that the defendant's failure to use a turn signal did not affect any other vehicles, and since there was no evidence suggesting that the defendant's turn created a concern for safety, Officer Miller could not validly stop the defendant based upon his failure to use his turn signal.

With respect to the cracked taillight lens, the Florida Supreme Court decision of Doctor v. State, 596 So.2d 442 (Fla.1992) is controlling. In Doctor, the arresting officers stopped the defendant's vehicle citing a broken taillight. The officers testified that they had stopped the defendant's vehicle "after observing a white light emitting from a crack in the tail assembly." Id. at 444. The officers agreed that the equipment defect "was a crack in the innermost lens of the left taillight assembly." Id. at 446.

In holding that the stop in Doctor was illegal, the court stated:

It was the reflector that was cracked, rather than one of the lights. Trooper Burroughs confirmed that the vehicle had taillights shining on each side of the rear of the vehicle, despite the cracked lens cover, at the time of the stop. Thus, as Trooper Burroughs conceded, the vehicle had "at least two taillamps" in working order when it was pulled and was not in violation of the law.... [A] reasonable officer would have known that Doctor's vehicle was in compliance with the law since red taillights were visible on both ends of the vehicle.

Id. at 446-47.

The facts in Doctor are also nearly identical to the facts in the present case. Officer Miller did not testify

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