State v. Rewis, No. 98-378.

CourtCourt of Appeal of Florida (US)
Writing for the CourtORFINGER, M., Senior.
Citation722 So.2d 863
PartiesSTATE of Florida, Appellant, v. Christopher REWIS, Appellee.
Docket NumberNo. 98-378.
Decision Date20 November 1998

722 So.2d 863

STATE of Florida, Appellant,
v.
Christopher REWIS, Appellee

No. 98-378.

District Court of Appeal of Florida, Fifth District.

November 20, 1998.


722 So.2d 864
Robert A. Butterworth, Attorney General, Tallahassee, and Kelli R. Orndorff, Assistant Attorney General, Daytona Beach, for Appellant

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellee.

ORFINGER, M., Senior Judge.

The state appeals the granting of a dispositive motion to suppress evidence. We affirm.

Several sheriff's deputies were on duty at an interstate highway rest stop where they had been working a traffic detail for construction being done on the highway. As they were closing up their detail and standing near the exit of the rest stop, a tractortrailer (semi) pulled up next to them and stopped. The driver exited his vehicle and told the deputies that he had seen a white Firebird driving down the road, that the car had been weaving on the road, and that he felt the driver was impaired. He gave the deputies the tag number of the Firebird, got back into his vehicle and left the rest stop. The deputies did not know this informant, did not get his identity or identify the semi he was operating.

As the semi was leaving the rest stop, a white Firebird came through the rest stop approaching the exit. The deputies flagged it down and had the driver, the appellee, exit the car. The deputies testified that they saw nothing illegal or improper about the operation of the Firebird, could not tell if it had stopped at the rest stop or was merely rolling through, and stopped it solely because of the truck driver's tip. When they checked the tag number, it matched that given by the truck driver. While one deputy began to check appellee for sobriety, which was never determined, another deputy looked into the vehicle and saw what appeared to be contraband (a white powdery substance in a clear glass bottle) sitting in the open on a seat in the car. The deputy retrieved the bottle, and a field test of the substance tested positive for heroin. Appellee was charged with possession of a controlled substance, and upon his motion, the court suppressed the evidence, holding that there was no legal basis for stopping appellee and detaining him, that the semi driver was an anonymous tipster under the facts here, and that the deputies had not corroborated the facts given in the tip.

The state contends that the driver of the semi...

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16 practice notes
  • Com. v. Priddy, No. 2003-SC-000041-DG.
    • United States
    • Kentucky Supreme Court
    • December 22, 2005
    ...or located and whose information was not corroborated." Id. at 1252. Page 521 A similar fact pattern occurred in State v. Rewis, 722 So.2d 863 (Fla.Dist.Ct.App. 1998), in which the driver of a semi-truck pulled into a highway rest stop, gave sheriff's deputies (face-to-face) the license num......
  • Berry v. State, No. 1D10–2627.
    • United States
    • Court of Appeal of Florida (US)
    • May 8, 2012
    ...over the phone to the police dispatch.” Id.; see also [86 So.3d 601]Solino v. State, 763 So.2d 1249 (Fla. 4th DCA 2000); State v. Rewis, 722 So.2d 863 (Fla. 5th DCA 1998). Finding that the tip in this case is at the low end of the reliability spectrum, this court must then determine whether......
  • A.W. v. State, No. 4D10–4923.
    • United States
    • Court of Appeal of Florida (US)
    • March 7, 2012
    ...regarding the length of the encounter with the informant so as to determine whether the officer assessed credibility); State v. Rewis, 722 So.2d 863, 864–65 (Fla. 5th DCA 1998) (anonymous, face-to-face tip regarding possible drunk driver unreliable where informant flagged down officers at r......
  • State v. T.S., No. 3D12–2373.
    • United States
    • Court of Appeal of Florida (US)
    • May 15, 2013
    ...is similar to A.W. v. State, 82 So.3d 1136 (Fla. 4th DCA 2012), McKelvin v. State, 53 So.3d 401 (Fla. 4th DCA 2011), and State v. Rewis, 722 So.2d 863 (Fla. 5th DCA 1998). As the opinion in A.W. notes, the informants who both called the police and met with them face-to-face left the area af......
  • Request a trial to view additional results
16 cases
  • Com. v. Priddy, No. 2003-SC-000041-DG.
    • United States
    • Kentucky Supreme Court
    • December 22, 2005
    ...or located and whose information was not corroborated." Id. at 1252. Page 521 A similar fact pattern occurred in State v. Rewis, 722 So.2d 863 (Fla.Dist.Ct.App. 1998), in which the driver of a semi-truck pulled into a highway rest stop, gave sheriff's deputies (face-to-face) the license num......
  • Berry v. State, No. 1D10–2627.
    • United States
    • Court of Appeal of Florida (US)
    • May 8, 2012
    ...over the phone to the police dispatch.” Id.; see also [86 So.3d 601]Solino v. State, 763 So.2d 1249 (Fla. 4th DCA 2000); State v. Rewis, 722 So.2d 863 (Fla. 5th DCA 1998). Finding that the tip in this case is at the low end of the reliability spectrum, this court must then determine whether......
  • A.W. v. State, No. 4D10–4923.
    • United States
    • Court of Appeal of Florida (US)
    • March 7, 2012
    ...regarding the length of the encounter with the informant so as to determine whether the officer assessed credibility); State v. Rewis, 722 So.2d 863, 864–65 (Fla. 5th DCA 1998) (anonymous, face-to-face tip regarding possible drunk driver unreliable where informant flagged down officers at r......
  • State v. T.S., No. 3D12–2373.
    • United States
    • Court of Appeal of Florida (US)
    • May 15, 2013
    ...is similar to A.W. v. State, 82 So.3d 1136 (Fla. 4th DCA 2012), McKelvin v. State, 53 So.3d 401 (Fla. 4th DCA 2011), and State v. Rewis, 722 So.2d 863 (Fla. 5th DCA 1998). As the opinion in A.W. notes, the informants who both called the police and met with them face-to-face left the area af......
  • Request a trial to view additional results

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