Walker v. State
| Citation | 636 So.2d 583 |
| Decision Date | 11 May 1994 |
| Docket Number | No. 92-03295,92-03295 |
| Parties | 19 Fla. L. Weekly D1089 Richard WALKER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Klawikofsky, Asst. Atty. Gen., Tampa, for appellee.
Appellant, having been convicted of possession of cocaine and a misdemeanor obstruction charge, argues that the court should have granted his motion to suppress because the officers who stopped him had neither a founded suspicion of criminal activity nor the required probable cause or a warrant to search the car. While we conclude that the officers did have a founded suspicion to stop appellant, we determine that they did not have probable cause to search his vehicle and, accordingly, reverse.
At the time that appellant was stopped, Officer Adams, an experienced narcotics officer, had seen appellant participate in two exchanges, one with a man and one with a woman, in an area known for drug sales. Officer Adams had seen several hand-to-hand drug transactions at this location one week before and was stationed there specifically because of complaints of drug dealing. He testified that appellant's transactions were consistent with drug transactions because they were very brief. Appellant and the man walked to a particular location and looked around. The man reached inside a pocket, gave appellant something and received cash for it. Appellant wrapped more cash around whatever the man gave him (a "dealer's wad"), put it into his pocket and the man turned and walked away. As soon as the man walked away, a woman walked up and gave appellant cash in exchange for whatever he had in that same pocket. Appellant wrapped the cash around what was left of the object in his pocket and put it back into his pocket. He then got into his car, drove to a parking lot and exited his car. Officers Bryan and Brewer followed him. Upon seeing the officers, appellant fled. The officers apprehended and searched appellant and his vehicle. The search of appellant's person revealed the "dealer's wad" of cash and the search of his vehicle revealed contraband.
We conclude first that under the totality of the circumstances, the officers here had a founded suspicion to stop appellant. See Blanding v. State, 446 So.2d 1135 (Fla. 3d DCA 1984). We find particularly persuasive the facts that Officer Adams observed an exchange of money for an object; the exchange involved a "dealer's wad"; that Officer Adams was quite experienced in narcotics transactions; that the first transaction was followed immediately by the second transaction involving the same "dealer's wad"; that the area was under surveillance as the result of recent citizen complaints of drug dealing; and that Officer Adams had seen similar hand-to-hand drug transactions at this location one week ago. Although, in Blanding, the unknown substance being exchanged was packaged in plastic baggies which are...
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