State v. Lookretis, 94-03679
| Decision Date | 07 July 1995 |
| Docket Number | No. 94-03679,94-03679 |
| Citation | 657 So.2d 1237 |
| Parties | 20 Fla. L. Weekly D1586 STATE of Florida, Appellant, v. Nicholas J. LOOKRETIS, Appellee. |
| Court | Florida District Court of Appeals |
Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellant.
James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellee.
The state appeals the trial court's order granting the defendant, Nicholas J. Lookretis', motion to suppress. We reverse.
The defendant pled not guilty to possession of cocaine and to loitering and prowling, in violation of sections 893.13 and 856.021, Florida Statutes (1993). The defendant filed a motion to suppress the cocaine, which was seized from his person, and any statements that he had made on the grounds that his arrest for loitering and prowling was not based on probable cause.
At the suppression hearing, Deputy McLean testified that at 1:05 a.m. he observed the defendant stop his car in front of a duplex in a housing authority, turn off the car lights, and quickly back up. The defendant then got out of his car and walked between the duplexes where the deputy lost sight of him. The duplexes were maintained by the Public Housing Authority and were documented with the sheriff's office as known crack houses. McLean testified that he was familiar with the duplex residents, whom were all black, and that the defendant was white and was not a resident.
Deputy McLean testified that when the defendant returned from behind the duplexes fifteen minutes later, McLean approached the defendant and read him his Miranda rights. After the defendant waived those rights, he pointed to the duplex numbered 13277 and explained he was going there to meet a person by the name of Bill. However, when McLean went to that address he discovered it was vacant and he subsequently confirmed that it was vacant with the Housing Authority Residency List. The defendant then changed his story and said that he had been robbed at knife point by several black males. McLean testified that since the defendant did not dispel his alarm with the false explanations for being in the area, he arrested the defendant for loitering and prowling. Pursuant to a search incident to the arrest, the deputy found cocaine and $25 cash on his person. The trial court granted the defendant's motion to suppress and this timely appeal by the state followed.
A loitering and prowling conviction under section 856.021 requires proof that the defendant was loitering or prowling in a place, at a time, or in a manner unusual for a law abiding individual under circumstances that warrant a justifiable and reasonable alarm or concern for the safety of persons or property in the vicinity. K.R.R. v. State, 629 So.2d 1068 (Fla. 2d DCA 1994). Prior to any arrest, the defendant must be afforded an opportunity to...
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...in a residential area who fled at the sight of police; the defendant explained he was just hanging out); contra, State v. Lookretis, 657 So. 2d 1237 (Fla. 2d D.C.A. 1995) (at 1:05 a.m. the defendant was seen walking from his car between buildings in a public housing project and returning to......