Sims v. State, 92-3286
| Decision Date | 16 August 1993 |
| Docket Number | No. 92-3286,92-3286 |
| Citation | 622 So.2d 180 |
| Parties | 18 Fla. L. Week. D1834 Roy Clyde SIMS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, and Jamie Spivey, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Charlie McCoy, Asst. Atty. Gen., Tallahassee, for appellee.
Roy Clyde Sims appeals the denial of his motion to suppress evidence. Because the evidence which was the subject of the motion to suppress was obtained as a result of an illegal detention, we reverse.
While sitting in an unmarked car at 3:00 P.M. in a low-income housing project known for drug transactions, Officer Powell saw Sims riding as a passenger in a car which drove "back and forth from each side of the complex for approximately 10 minutes" and then left. Because he observed Sims drinking from an open alcoholic beverage container, Powell decided to stop the vehicle and issue a citation to Sims. The officer obtained identification from Sims and the driver and conducted a warrants check, which yielded no outstanding warrants. He issued Sims a citation for violating the "open container" law, and then continued to detain Sims for approximately five minutes until a K-9 unit arrived. K-9 "Lucky" alerted to the presence of contraband, and the ensuing search of the vehicle produced a minute piece of crack cocaine wedged into the junction of the passenger seat and the seat back.
Sims moved to suppress the cocaine, conceding the validity of the initial stop, but alleging there was no reasonable suspicion of criminal activity to justify detention after the open container citation was issued. At the suppression hearing, in addition to providing the information above, Officer Powell testified that Sims appeared nervous when confronted by the officer. When asked whether most people are a bit nervous when confronted with a police officer when drinking a beer inside a car, Officer Powell said, "yes."
The trial court denied the motion to suppress, noting that Sims had an open container, the car he was in drove around in a high drug area for 10 minutes with no apparent business there, and Sims was extremely nervous when stopped.
"[D]eterminations of a trial court in considering a motion to suppress come to an appellate court clothed with a presumption of correctness, and a reviewing court will interpret the evidence and reasonable inferences derived therefrom in a manner most favorable to such ruling." Freeman v. State, 559 So.2d 295, 296 (Fla. 1st DCA 1990).
"[W]hile a traffic stop must not last longer than the time necessary to write the...
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