Cox v. State

975 So. 2d 1163, 2008 WL 595925
District Court of Appeal of Florida·Decided March 6, 2008·No. 1D07-2074·Published·Cited by 9 cases

Opinion

975 So.2d 1163 (2008)

Christopher Lee COX, Appellant,
v.
STATE of Florida, Appellee.

No. 1D07-2074.

District Court of Appeal of Florida, First District.

March 6, 2008.

*1165 Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, C. Bowen Robinson and Philip W. Edwards, Assistant Attorneys General, Tallahassee, for Appellee.

BROWNING, C.J.

Christopher Lee Cox (Appellant) appeals a final order imposing probation after entry of a plea reserving his right to challenge the denial of his dispositive motion to suppress evidence. Because the trial court correctly concluded that the officer had a well-founded suspicion to stop and detain Appellant and his passenger, we affirm.

An amended information charged Appellant with possession of a controlled substance (cocaine), possession of drug paraphernalia, and driving while the license is cancelled, suspended, or revoked. The charged offenses occurred on September 9, 2006. Appellant moved to suppress the evidence obtained as a result of an allegedly *1166 illegal traffic stop and detention. At the suppression hearing, defense counsel's sole argument was that the officer who stopped Appellant lacked a reasonable, articulable suspicion of criminal activity connected to Appellant. To support the motion, counsel cited Zelinski v. State, 695 So.2d 834 (Fla. 2d DCA 1997) (concluding that an investigatory stop was unlawful because the officer who responded to a report of a "suspicious person" who had left a convenience store lacked a well-founded suspicion that defendant or other occupants of the vehicle parked on the back of the property with its lights off were involved in criminal activity). After the motion was denied, Appellant pled no contest to the charges while reserving the right to appeal the denial of his motion to suppress, which was deemed dispositive. He was placed on one year of probation.

Although the trial court's "determination of historical facts" is presumed correct, we must "independently review mixed questions of law and fact that ultimately determine constitutional issues" arising from the Fourth Amendment. Connor v. State, 803 So.2d 598, 608 (Fla. 2001); see Ornelas v. United States, 517 U.S. 690, 697-98, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). We review de novo the legal conclusions drawn from the facts. See Connor, 803 So.2d at 606; Sizemore v. State, 939 So.2d 209, 211 (Fla. 1st DCA 2006). We are constitutionally required to interpret search and seizure issues in conformity with the Fourth Amendment, as interpreted by the United States Supreme Court. See Art. I § 12, Fla. Const.; Perez v. State, 620 So.2d 1256, 1258 (Fla.1993). Evaluating the legality of an officer's actions involves an objective examination of the totality of the circumstances. See Illinois v. Gates, 462 U.S. 213, 238-39, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). Judgments are presumed correct, and Appellant carries the burden to demonstrate that prejudicial error occurred and that the error was preserved in the trial court. See § 924.051(7), Fla. Stat. (2006); Goodwin v. State, 751 So.2d 537, 544 (Fla.1999); Woods v. State, 905 So.2d 246, 247 (Fla. 4th DCA 2005). Our review of the record demonstrates that the trial court's factual findings are supported by competent substantial evidence and that the law was correctly applied to the facts.

First, we address the traffic stop and detention. Section 901.151(2), Florida Statutes (2006), states:

Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county, the officer may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding the person's presence abroad which led the officer to believe that the person had committed, was committing, or was about to commit a criminal offense.

This is a codification of the principle that all warrantless seizures of a person must be founded on at least a reasonable suspicion that the individual seized is engaged in wrongdoing. See United States v. Mendenhall, 446 U.S. 544, 552, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980) (noting that the Fourth Amendment requires all searches and seizures to have "an objective justification"); Terry v. Ohio, 392 U.S. 1, 21, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Golphin v. State, 945 So.2d 1174, 1180 (Fla.2006). An officer's stopping a person's motor vehicle constitutes a seizure and detention under the Fourth Amendment. See *1167 McNichols v. State, 899 So.2d 1197, 1199 (Fla. 5th DCA 2005).

At the suppression hearing, patrol officer James Arnette, a 20-year veteran with the Florida Game and Freshwater Fish Commission, testified that he was working alone in a rural, sparsely populated area in Okaloosa County. Officer Arnette is a trained, experienced gunman who usually, depending on the distance, can distinguish among the sounds made by a rifle, a shotgun, a pistol, and a vehicle backfiring. Hearing what he thought was the cracking noise of a rifle shot coming from the southeast, probably a mile or 3/4 mile away, the officer drove along a dirtcovered public thoroughfare in the direction toward which he had "coursed" the shot. He was aware of complaints about illegal night hunting for deer in that area. He observed only one set of fresh vehicular tracks on the dew-covered road and knew that the road, about 1-1/4 mile long, led to a dead-end at a large field commonly known as a "raised bird field" populated by a lot of deer.

After driving about 1/4 mile along that road, Officer Arnette encountered only one vehicle, a four-wheel-drive truck proceeding at "a pretty good clip" for dirt-road driving. The officer did not think there was any other entrance to that road. Observing only one vehicle coming from the direction of the rifle shot, Officer Arnette engaged his blue light and moved to stop the truck, which veered to the right on the fairly narrow road as if trying to keep going. Officer Arnette testified that the location of the truck was expected if the shooter had left the suspected shooting area after the shot was fired.

The articulable, reasonable suspicion necessary to justify a lawful investigatory stop or detention is "not readily, or even usefully, reduced to a neat set of legal rules," and the courts must consider the totality of the circumstances. Gates, 462 U.S. at 232, 103 S.Ct. 2317; United States v. Sokolow, 490 U.S. 1, 7, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989). This "founded suspicion" in the officer's mind "is a suspicion which has some factual foundation in the circumstances observed by the officer, when those circumstances are interpreted in the light of the officer's knowledge." State v. Stevens, 354 So.2d 1244, 1247 (Fla. 4th DCA 1978). This is more than a "me

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Cox v. State, 975 So. 2d 1163, 2008 WL 595925 (Fla. Ct. App. 2008).

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