Rinaldo v. State

• Decision Date: 16 May 2001
• Docket Number: No. 4D98-4437.,4D98-4437.
• Citation: 787 So.2d 208
• Parties: David James RINALDO, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

787 So.2d 208

David James RINALDO, Appellant, v. STATE of Florida, Appellee.

No. 4D98-4437.

District Court of Appeal of Florida, Fourth District.

May 16, 2001.

Rehearing Denied July 9, 2001.

Gene Reibman, Fort Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, Susan Odzer Hugentugler, Assistant Attorney General, Fort Lauderdale, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.

TAYLOR, J.

David Rinaldo appeals his judgments of conviction for carrying a concealed firearm and driving under the influence (DUI). We affirm on all issues raised by appellant but write to address his contention that the trial court erred in denying his motion to suppress evidence gathered at a DUI roadblock.

Before trial, appellant moved to suppress physical evidence and statements obtained during his arrest at a DUI roadblock. The trial court denied his motion, and, following a jury trial, appellant was convicted as charged. On appeal, he contends that the trial court erred in denying his motion to suppress on several grounds. First, he argues that the roadblock failed to comply with the requirements of State v. Jones, 483 So.2d 433 (Fla.1986), and Campbell v. State, 679 So.2d 1168 (Fla. 1996), in that the written guidelines did not specifically address detention techniques governing the roadblock encounter. Second, appellant argues that the police lacked reasonable suspicion to detain and question him during the roadblock stop and to order him out of his vehicle. Third, appellant argues that the officer lacked authority to arrest him outside of his jurisdiction.

BACKGROUND

On August 30, 1997, appellant was arrested at the scene of a DUI checkpoint in Cooper City. The checkpoint was operated by police officers from various Broward municipalities who formed a DUI task force under a Mutual Aid Agreement. Cooper City officers set up the roadblock, using cones, signs, and flashing lights to alert the public, and created a deceleration area for vehicles to flow from multiple traffic lanes into one lane of traffic.

Cooper City Police Officer Petosky, who was the point man at the roadblock, signaled appellant to stop in the checkpoint area. Appellant did not stop but drove slowly past Petosky. City of Hallandale Police Officer Williams, who was participating in the checkpoint, saw appellant roll past Petosky and pulled appellant over. Williams approached the driver's side of appellant's Ford pickup truck. Because appellant's window was darkly tinted and just partially open, Williams could see only the top of appellant's head.¹ He asked appellant to roll down the window or open the door. When appellant did neither, the officer became concerned for his safety and opened the door to appellant's vehicle himself. The officer attempted to step in toward the door to prevent appellant from closing it, but appellant reached past the officer and pulled the door shut. Williams opened the door again and positioned himself to keep it open. He then asked appellant for his driver's license, registration, and proof of insurance. After some delay, appellant provided his driver's license, while placing a small hand-held tape recorder near the officer's face. He produced his registration and insurance after a second request for those documents.

The front passenger became very "vocal" and heightened the officer's concern for his safety. Williams then asked appellant to step outside his truck and directed him to the back of the vehicle. As appellant exited the truck, the officer noticed that appellant slid down his seat and used the door handle for support. When appellant walked to the back of the truck, he held onto the side of the truck and seemed unsteady. The officer attempted to question appellant but appellant refused to respond. While standing near appellant at the back of the truck, the officer observed that appellant had an odor of alcohol on his breath and that his eyes were bloodshot, his face was flushed, and his speech was slurred. Based on these observations, Williams arrested appellant for driving under the influence.

During a search incident to appellant's arrest, the officer discovered a fully loaded.22 caliber handgun in appellant's back pocket. He asked appellant if he had a concealed weapon's permit. Appellant responded that he did and produced a "United States of America Concealed Firearms Declaration." On the back, the document stated that it was not a legal permit for carrying concealed weapons. Appellant was arrested for carrying a concealed firearm, DUI, resisting arrest without violence, and no proof of insurance. Officer Williams transported appellant to the interview area, where he read appellant the Florida Implied Consent law and asked him to take a breath or blood alcohol test. Appellant refused to submit to alcohol testing or to perform any sobriety tests on video.

Sergeant Jacob Saredy of the Cooper City Police Department was in charge of the checkpoint on the night of appellant's arrest. At the suppression hearing, he testified about the advance planning, preparation, and implementation of the DUI checkpoint. He said that about fifty officers were involved in the DUI checkpoint pursuant to a Mutual Aid Agreement. Through Saredy, the state introduced into evidence the "Mutual Aid Agreement" and the "Sobriety Checkpoint Standard Operating Procedure" used for the roadblock operation. The state also introduced the memorandum from Saredy's supervisor regarding the need for a DUI checkpoint; the media release issued by the Cooper City Police Department; and fax cover sheets identifying recipients of the release.

The trial court denied appellant's motion to suppress, concluding that the DUI checkpoint met the requirements of Jones and that the Mutual Aid Agreement authorized Officer Williams to arrest appellant outside of his jurisdiction.

MOTION TO SUPPRESS

Written Guidelines for Roadblock

Appellant argues that the roadblock was invalid because it did not meet the particularized advance planning and strict compliance standards of Jones and Campbell. Specifically, appellant challenges the failure of the roadblock guidelines to address detention procedures to be followed by police upon encountering a motorist, who, like appellant, fails to fully cooperate and comply with roadblock commands. He complains that Officer Williams's "aggressive approach" in opening his car door and ordering him outside the vehicle exceeded the written guidelines and violated his Fourth Amendment rights.

In Jones, the Florida Supreme Court held that a written set of uniform guidelines must be issued before a roadblock can be utilized. The court explained that "[b]ecause DUI roadblocks involve seizures made without any articulable suspicion of illegal activity," an advance plan with neutral and specific criteria is necessary to limit the amount of police officer discretion and reduce the risk of abuse. The court noted that "[i]deally, these guidelines should set out with reasonable specificity procedures regarding the selection of vehicles, detention techniques, duty assignments, and the disposition of vehicles." 483 So.2d at 438 (emphasis supplied). However, the court went on to say that "if the guidelines fail to cover each of these matters they need not necessarily fail. Rather, courts should view each set of guidelines as a whole when determining the plan's sufficiency." Id.

In assessing the sufficiency of sobriety checkpoint plans, courts generally focus upon the amount of discretion police officers at the scene are allowed to exercise. This is because limiting field officer discretion is the main objective underlying Jones's requirement that roadblocks be carried out pursuant to a previously established and neutral plan. In this case, the written guidelines were comprised of the Cooper City Police Department's "Sobriety Checkpoint Standard Operating Procedure," which delineated general checkpoint procedures, and the "D.U.I. Checkpoint Operational Plan Assignments," which addressed conduct of this particular roadblock. The sole motive of the checkpoint was to detect and apprehend drunk drivers. To accomplish that goal in a neutral and uniform manner, the guidelines established specific duties and procedures to be followed by officers participating in the roadblock.

The pointman's job was to count and direct vehicles into the interview area in a nondiscretionary sequence, as provided in the written guidelines, and as determined by Sergeant Saredy, depending on traffic conditions. The uniformed officers were briefed prior to the checkpoint and provided with a suggested script for questioning the drivers stopped in the roadblock. Once a vehicle was directed into the interview area, the officers were to briefly detain the driver to identify themselves, explain the purpose of the roadblock, and request a driver's license and registration. They were to also observe the driver and check for signs of impairment, and if no impairment was detected, allow the driver to continue on his or her way. If it appeared to the officer that a driver was under the influence of alcohol, he was to direct the driver to an interview area for further DUI investigation.

Although, as appellant points out, the guidelines were silent on directions for dealing with an encounter like the one between Officer Williams and appellant, we do not consider this deficiency a fatal flaw. The written instructions, which focused on procedures to be followed during the initial stop and detention of motorists, were clear and reasonable and did not permit random or arbitrary vehicle stops or allow officers to discriminately target particular persons. Every encounter with a stopped vehicle included a request for documentation and some preliminary questioning and observation for signs of alcohol impairment. Although an "ideal" set of guidelines would anticipate that a motorist might refuse to cooperate with police...