State v. Carrillo, 86-2017
| Decision Date | 07 May 1987 |
| Docket Number | No. 86-2017,86-2017 |
| Citation | 12 Fla. L. Weekly 1184,506 So.2d 495 |
| Parties | 12 Fla. L. Weekly 1184 STATE of Florida, Appellant, v. Luis Felipe CARRILLO, Appellee. |
| Court | Florida District Court of Appeals |
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph N. D'Achille, Jr., Asst. Atty. Gen., Daytona Beach, for appellant.
James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellee.
The state timely appeals an order granting a motion to suppress made by appellee, Luis F. Carrillo, in an action charging Carrillo with driving under the influence. The specific question on appeal has been referred to this court by the county court pursuant to Florida Rule of Appellate Procedure 9.030(b)(4)(B). The certified question reads as follows:
WHETHER A POLICE OFFICER MAY PULL OVER A VEHICLE THAT IS NOT VIOLATING THE TRAFFIC LAWS IN THE OFFICER'S PRESENCE EVEN THOUGH THE DRIVING OF THE VEHICLE MAY LEAD THE OFFICER TO BELIEVE THAT THE DRIVER MAY BE IMPAIRED, ABSENT LEGISLATIVE AUTHORITY.
Carrillo's motion alleged that the evidence was illegally seized as a product of a traffic stop which amounted to an arrest for a traffic infraction without probable cause. The testimony elicited from the arresting officer, Trooper Tindel, at the suppression hearing revealed that at approximately 2:00 A.M. he observed Carrillo driving northbound on State Road 500. Tindel saw the vehicle move to the extreme right-hand side of the road and then to the extreme left-hand side of his lane. Carrillo's tires touched the lane boundaries, but did not leave the lane. Tindel observed Carrillo continue this pattern for approximately one-quarter of a mile, doing the weaving pattern in excess of five times. Based on Carrillo's driving, Tindel believed Carrillo was intoxicated. Tindel then stopped the vehicle and, after observing Carrillo's demeanor, he arrested him for driving under the influence of alcohol. Carrillo was not issued a citation for the offense of failure to drive within a single lane.
At the end of the hearing, the lower court granted the motion to suppress, and certified the above question as one of great public importance. We accept review and quash the county court's order of suppression.
The question, as framed, assumes the fact that the method in which Carrillo drove the car led Trooper Tindel to believe he was driving while impaired--as Tindel testified at the hearing. In other words, the credibility of that...
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Ball v. City Coral Gables
...basis for suspecting that she was under the influence" even where the driver committed no separate traffic offense); State v. Carrillo, 506 So.2d 495 (Fla. 5th DCA 1987) (same). Therefore, it is ORDERED and ADJUDGED that 1. Defendants City of Coral Gables' and the City of Coral Gables Polic......
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Dep't of Highway Safety & Motor Vehicles v. Ivey, 5D11–2368.
...the driver is intoxicated is needed for a stop. See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Carrillo, 506 So.2d 495 (Fla. 5th DCA 1987). A founded or reasonable suspicion necessary to support an investigatory stop is a suspicion that would warrant a man of ......
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State v. Proctor
...nature of vehicle's abnormal movement caused officer to suspect that driver was impaired or otherwise unfit to drive); State v. Carrillo, 506 So.2d 495 (Fla. 5th DCA 1987) (weaving within lane five times within one-quarter mile sufficient to establish reasonable suspicion of impairment); Es......
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Delvalle v. Smith, Case No. 11-61196-CIV-COHN/SELTZER
...Officer Smith only needed a founded suspicion that Plaintiff was driving under the influence to stop her, see State v. Carillo, 506 So. 2d 495, 497 (Fla. Dist. Ct. App. 1987) ("an officer can stop a driver based upon a founded suspicion that he is driving while under the influence"); see al......
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Search and seizure
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