A.S.P. v. State

• Decision Date: 24 August 2007
• Docket Number: No. 2D06-4279.,2D06-4279.
• Citation: 964 So.2d 211
• Parties: A.S.P., Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

964 So.2d 211

A.S.P., Appellant, v. STATE of Florida, Appellee.

No. 2D06-4279.

District Court of Appeal of Florida, Second District.

August 24, 2007.

James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant

Attorney General, Tampa, for Appellee.

SILBERMAN, Judge.

A.S.P. appeals his adjudication of delinquency and judicial warning for possession of a weapon on school property and contends that the trial court should have granted his motion to suppress. We agree and reverse the trial court's adjudication and disposition order.

In its delinquency petition, the State alleged that A.S.P. committed the acts of possession of a weapon on school grounds, in violation of section 790.115(2)(b), Florida Statutes (2005), and trespass on school property with a firearm or weapon, in violation of section 810.095, Florida Statutes (2005). A.S.P. filed a motion to suppress, which the trial court denied. Following trial, the court entered its order adjudicating A.S.P. guilty of possession of a weapon on school grounds. The court found A.S.P. not guilty of the offense of trespass on school property with a firearm or weapon. As to the latter offense, it was undisputed that A.S.P. was not a student at Hillsborough High School but that he was there on the day in question for the legitimate business of obtaining his scores on a test he had taken to enter a GED program. See E.W. v. State, 873 So.2d 485, 487 (Fla. 1st DCA 2004) ("The `legitimate business' which would entitle one to enter or remain upon school property refers to any purpose for being there which is connected with the operation of the school."); J.C.S. v. State, 613 So.2d 574, 575 (Fla. 1st DCA 1993) (recognizing that juvenile was on school property for legitimate business of obtaining his transcript).

With respect to the motion to suppress, Eric Johnsen testified that he is the school security officer for Hillsborough High School. On March 1, 2006, a student pointed out A.S.P. as a trespasser. That week at school there had been some gang issues and fights, and the students had been alerted to these issues. Johnsen saw A.S.P. on the bus ramp, near the senior parking lot. Johnsen asked A.S.P. whether he was a student at Hillsborough High, and A.S.P. said no. Johnsen testified that he brought A.S.P. over to the car and "searched him right away." When asked why he searched A.S.P., Johnsen said, "Because it's a safety issue. He's on school grounds. He's a trespasser." Johnsen found a knife on A.S.P.'s person, and Johnsen immediately turned the knife over to Officer Sutton of the Tampa Police Department, who then arrested A.S.P.

The trial court questioned Johnsen about what he would have done if A.S.P. had told him that he came to the school to get test scores. Johnsen said that he probably would have given A.S.P. directions to get to the proper area of the school and that if A.S.P. had said that he had school business, Johnsen would not have searched him. However, Johnsen's testimony reflects that the only question he asked A.S.P. before immediately searching him was whether he was a student at the school.

The trial court stated that it was a close call but denied the motion to suppress "because of what had been happening in the school; the testimony that there had been problems, gangs, fights, et cetera. He said he's not a student; therefore, they need to check him out because of the safety."

Section 810.097(1) provides in pertinent part as follows:

(1) Any person who:

(a) Does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property and who enters or remains upon the campus or any other facility owned by any such...