State v. Bastardo, 77-94
| Decision Date | 29 June 1977 |
| Docket Number | No. 77-94,77-94 |
| Citation | 347 So.2d 463 |
| Parties | STATE of Florida, Appellant, v. Manuel BASTARDO, Jr., Appellee. |
| Court | Florida District Court of Appeals |
Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellant.
Jack O. Johnson, Public Defender, and Robert H. Grizzard, II, Bartow, for appellee.
The State appeals an order suppressing tangible evidence which the trial court found to be the fruits of an unlawful stop. The State argues that the trial court erroneously applied the more restrictive "probable cause" standard rather than the correct "well-founded suspicion" standard. We agree and reverse for reconsideration.
While on routine night patrol, Deputy Leonard observed the appellee driving an automobile with its trunk lid open. The deputy viewed a television inside the trunk. The appellee further attracted the deputy's attention because the vehicle had Texas license plates and the appellee appeared to be of Mexican descent. Leonard had not, in his six to nine months experience in that area, noticed anyone of Mexican descent living in the area. Leonard followed the appellee until the appellee appeared to be leaving the area at which time Leonard stopped the appellee to find out what appellee was doing in the area and why he had a television in his trunk during the middle of the night. Although the appellee failed to produce a driver's license, the appellee showed Leonard appellee's social security card and gave Leonard the appellee's local address. In the back seat of the appellee's vehicle, Leonard observed a picture, a clock, a radio and an electric can opener. Leonard recorded this information on a report form.
No arrest was made and the appellee was permitted to go on his way.
Later, while investigating a reported burglary, Leonard was informed that a television and a picture, similar to the one that Leonard saw in the back of the appellee's vehicle, were taken. Presumably, this information, together with that recorded on the report form, lead to appellee's apprehension.
Under proper circumstances the police may stop a motor vehicle for reasonable investigation upon something less than probable cause to believe that the occupants have committed a crime. The proper circumstances are those which give rise to a "well-founded suspicion" that the occupants might be involved in criminal activity. State v. Payton, 344 So.2d 648 (Fla.2d DCA 1977); State v. Spanierman, 267 So.2d 102 (Fla.2d DCA 1972). Under such circumstances it is reasonable for an officer to make a reasonable detention of the motorist for the purpose of ascertaining his identity and making inquiry into the circumstances justifiably arousing his suspicion. State v. Othen, 300 So.2d 732 (Fla.2d DCA 1974). Indeed, this is the duty of a good law enforcement officer in detecting and preventing crime.
A portion of the suppression order herein involved states that:
(T)he Co...
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Gordon v. State
...visor were the packets of heroin. Thus, we conclude this evidence was not the product of an unreasonable search. Cf. State v. Bastardo, 347 So.2d 463 (Fla.2d DCA 1977); Godbee v. State, 224 So.2d 441 (Fla.2d DCA 1969), supra; Gagnon v. State, 212 So.2d 337 (Fla.3d DCA 1968), and South Dakot......
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State v. Stevens
...In evaluating Officer Ludwig's reasons for stopping the pickup truck, the trial court applied too rigorous a standard. State v. Bastardo,347 So.2d 463 (Fla.2d DCA 1977). Circumstances can "reasonably indicate" that a person "has committed, is committing, or is about to commit" a violation o......
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State v. Price, 78-161
...the recent case of State v. Stevens, 354 So.2d 1244 (Fla. 4th DCA 1978) our sister court in approving our holding in State v. Bastardo, 347 So.2d 463 (Fla. 2d DCA 1977) discussed the standards for "founded suspicion" under somewhat similar circumstances. Judge (now Justice) Alderman stated ......
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State v. Lopez, 78-1386
...length of time necessary to verify appellee's story by visiting the scene at the ranch where the truck had been. See State v. Bastardo, 347 So.2d 463 (Fla. 2d DCA 1977). Under these circumstances it was of little consequence whether the truck was held by the side of the road or driven back ......