Willis v. State, 91-306
| Citation | 584 So.2d 41 |
| Decision Date | 09 July 1991 |
| Docket Number | No. 91-306,91-306 |
| Parties | Kreskin WILLIS, Appellant, v. The STATE of Florida, Appellee. 584 So.2d 41, 16 Fla. L. Week. D1787 |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Robert Burke and Valerie Jonas, Asst. Public Defenders, for appellant.
Robert A. Butterworth, Atty. Gen., and Leslie Schreiber, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.
At approximately 2:00 a.m. on August 28, 1990, South Miami Police Officer Eric Fulton was dispatched to the vicinity of Southwest 67th Avenue and 75th Terrace, on two reports of a screaming woman. No further information was provided by the dispatcher as to the identity of the woman, the cause of her screams, or the involvement of others. Upon arrival near the intersection, the officer saw no activity or persons other than a moving automobile occupied by four men--the driver and three rear-seat passengers. The officer stopped the vehicle to conduct an investigation. At the same time, a back-up unit arrived also responding to the emergency dispatches. Before the investigation commenced, a hysterical woman scurried over to the police unit. The officer in the back-up unit then looked into the automobile, saw a firearm, and ordered the occupants--including the defendant--to exit and spread-eagle on the ground as a security measure. A flashlight examination of the vehicle revealed articles of women's jewelry. It was learned afterwards from the woman on the scene that she was the owner of the jewelry, that it had been taken from her in an armed robbery, and that the defendant was one of the perpetrators.
In this appeal from a conviction for armed robbery, unlawful possession of a short-barreled shotgun, and carrying a concealed firearm, the defendant contends that the firearm and jewelry should have been suppressed as the fruits of an illegal seizure and search. More particularly, he contends that there was no articulable suspicion of his involvement in illegal activity justifying the stop of the automobile. We affirm.
It is well settled in Florida that a police officer may stop and investigate a motor vehicle when there is a founded suspicion of criminal activity in the mind of that officer. Kehoe v. State, 521 So.2d 1094 (Fla.1988); see also Codie v. State, 406 So.2d 117 (Fla. 2d DCA 1981); Sec. 901.151, Fla.Stat. (1989). In determining whether there were ample grounds to give the police officer...
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