Sander v. State, 90-02881
| Decision Date | 25 March 1992 |
| Docket Number | No. 90-02881,90-02881 |
| Citation | 595 So.2d 1099 |
| Parties | 17 Fla. L. Weekly D819 Lewis Cecil SANDER, Jr., Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.
Lewis Cecil Sander, Jr. pled nolo contendere to a charge of possession of cocaine and resisting an officer without violence, reserving his right to appeal the denial of his motion to suppress.
Officer Gary Gross stated in his deposition that on February 10, 1990, at approximately 3:30 p.m., he and Officer Bart Butler drove past a group of people at an apartment complex in a "high narcotic area." Gross testified that he saw a man from the group run behind the apartment building. Gross drove his patrol car around the block and entered the complex parking lot from a less obvious entrance. When the officers pulled up to the group of people, Gross saw Sander, who he identified as the man he saw run.
Gross stated that on seeing the police car, Sander did not run, but stood near the group with his hands in his pockets. Gross and Butler got out of their car and walked up to Sander. Immediately upon reaching him, Gross ordered Sander to remove his hands from his pockets which Sander did. Gross testified that neither he nor Officer Butler saw a bulge or any indication which suggested to them that Sander was armed after he removed his hands from his pockets.
Gross then asked Sander his name and address which he correctly gave. When asked, Sander denied that he ran behind the building. Gross testified that he then told Sander to put his hands on his head. Gross then conducted a pat-down search. Gross testified that he conducted the search for officer safety reasons because of Sander's conduct of running when the police first drove by, because the area was a "high narcotic area" and because Sander had his hands in his pockets until he removed them on Gross' order.
Gross testified that when he patted Sander's left side, Sander jerked away and in so doing his elbow hit Gross in the ear. Gross then "grabbed [Sander] around the neck and threw him to the ground." He advised Sander that he was under arrest, handcuffed him, took him to the patrol car and searched his left pocket where Gross found three rocks of cocaine.
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R.J.C. v. State
...State v. Woodard, 681 So. 2d 733, 735 (Fla. 2d DCA 1996); Lang v. State, 671 So. 2d 292, 294 (Fla. 5th DCA 1996); Sander v. State, 595 So. 2d 1099, 1100 (Fla. 2d DCA 1992). Considering the facts and circumstances in this case, we have no difficulty concluding that appellant was "seized" whe......
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June v. State
...an officer to ask a person to remove his hands from his pockets during a citizen encounter.”) (citation omitted); Sander v. State, 595 So.2d 1099, 1100 (Fla. 2d DCA 1992) (“[I]t was not improper for [law enforcement] to ask Sander to remove his hands from his pockets.”). On the other hand, ......
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State v. Woodard, 95-01827
...that such a request, when made to ensure an officer's safety, does not elevate a consensual encounter to a detention. Sander v. State, 595 So.2d 1099 (Fla. 2d DCA 1992); see also Lang v. State, 671 So.2d 292 (Fla. 5th DCA 1996). Contra Harrison v. State, 627 So.2d 583 (Fla. 5th DCA 1993); C......
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Lang v. State
...Nor is it improper for an officer to ask a person to remove his hands from his pockets during a citizen encounter. See Sander v. State, 595 So.2d 1099 (Fla. 2d DCA 1992). But this case turns on whether Lang had submitted to the deputy's authority at the time he dropped the pill bottle. In C......