Persaud v. State, 94-2327

Decision Date23 August 1995
Docket NumberNo. 94-2327,94-2327
Citation659 So.2d 1191
Parties20 Fla. L. Weekly D1884 Dheraj PERSAUD, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joni Braunstein, Asst. Atty. Gen., for appellee.

Before BASKIN, JORGENSON and COPE, JJ.

PER CURIAM.

Dheraj Persaud appeals his convictions of armed burglary, grand theft, burglary of a dwelling, and petit theft. We affirm.

At 3:00 a.m. on January 14, 1994 a homeowner in the Port Antigua area of the Florida Keys heard a noise which sounded like aluminum shutters banging. The homeowner looked out his window and saw an individual at the rear of one of the houses across the canal. The individual seemed to fade into the shadows. The homeowner heard more noise and then saw two men carrying a ladder. The homeowner yelled at the men, at which time they put down the ladder and moved back into the shadows. The homeowner then saw a car leave with its headlights off. The car drove under a street light, allowing the homeowner to obtain a physical description of the car, but not a license number. The homeowner called the Sheriff's Department.

There had been recent burglaries in this subdivision. On the night in question, the police had conducted a burglary surveillance, but the officer had gone off duty at 1:30 a.m.

Sheriff's officers were dispatched to try to locate the car, which they did. The officers made a rough calculation that if a vehicle left the Port Antigua area at the time of the homeowner's call and proceeded north at 60 miles per hour, the officers likely would intercept the vehicle around mile markers 80-82. At mile marker 80.5 the officers observed the vehicle which matched the description given by the homeowner. The officers could also see something bunched up in the back of the car which was obstructing the rear window. The officers stopped the car. Defendant was the owner and driver of the car. He was accompanied by a passenger. 1 After the defendant and codefendant were removed from the car, the officers could see that the rear area of the car contained a large number of household items, on top of which had been placed a futon cushion. The cushion was the object which could be seen through the back window.

Defendant first contends that there was no corroboration of the veracity of the homeowner who called the police, and accordingly no founded suspicion to support an investigatory stop. That argument is completely without merit. "[T]he veracity of citizen-informants need not be substantiated." State v. Novak, 502 So.2d 990, 992 (Fla. 3d DCA), review denied, 511 So.2d 299 (Fla.1987). Accord State v. Hunter, 615 So.2d 727, 731 (Fla. 3d DCA 1993), review denied, 626 So.2d 205 (Fla.1993). Under the circumstances of this case, there were more than enough facts, as set forth above, to create a founded suspicion and to justify an investigatory stop of the automobile. See Sec. 901.151, Fla.Stat. (1993).

Defendant next contends that the officers searched the vehicle at the time of the...

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5 cases
  • State v. Clark, No. 97-3082.
    • United States
    • Florida District Court of Appeals
    • December 2, 1998
    ...(Fla. 3d DCA 1996), review denied, 689 So.2d 1069 (Fla.1997); State v. Reyes, 680 So.2d 1092 (Fla. 3d DCA 1996); Persaud v. State, 659 So.2d 1191, 1192 (Fla. 3d DCA 1995); State v. Russell, 659 So.2d 465, 467 (Fla. 3d DCA 1995); State v. Stevens, 354 So.2d 1244, 1247 (Fla. 4th DCA 1978) § 9......
  • State v. Gonzalez
    • United States
    • Florida District Court of Appeals
    • October 30, 1996
    ...with that information. The description was sufficient. See Franklin v. State, 374 So.2d at 1152; see also Persaud v. State, 659 So.2d 1191, 1192 (Fla. 3d DCA 1995), review denied, 667 So.2d 775 (Fla.1996). The fact that another vehicle might fit the same description did not defeat the reaso......
  • Maynard v. State
    • United States
    • Florida District Court of Appeals
    • June 4, 1999
    ...gave her name and address and who acknowledged the police when they arrived at the scene was a citizen-informant); Persaud v. State, 659 So.2d 1191, 1191 (Fla. 3d DCA 1995) (homeowner burglary victim who called police to report the crime was a In Miller v. State, 613 So.2d 1351, 1353 (Fla. ......
  • Trepanier v. County of Volusia
    • United States
    • Florida District Court of Appeals
    • September 14, 2007
    ... ... United States, 56 F.3d 1378 (Fed.Cir. 1995), and writes that "[t]o state a `takings claim,' a claimant must `demonstrate ownership or title' and an economic expectancy `at ... ...
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