J.B. v. State

718 So. 2d 1280, 1998 Fla. App. LEXIS 12849, 1998 WL 712829
District Court of Appeal of Florida·Decided October 14, 1998·No. No. 97-3757·Published·Cited by 3 cases

Opinion

PER CURIAM.

Following a routine traffic stop for failing to use a turn signal, the officer ordered the appellant, a passenger, to get out of the car. After observing a cylindrical bulge about four inches by two inches in one of appellant’s pockets, the officer asked appellant what was in his pocket. Appellant responded that they were “drug pipes.” The officer removed the [1281]*1281pipes, detected the odor of marijuana, and arrested appellant.

Appellant entered a plea, reserving his right to appeal, and argues on appeal that the officer did not have reasonable suspicion to order him out of the car in which he was a passenger. We disagree. Because of the dangers which police officers encounter in stopping vehicles, they, as a matter of routine, may order a passenger to get out of a lawfully stopped vehicle without reasonable suspicion. Maryland v. Wilson, 519 U.S. 408, 117 S.Ct. 882, 137 L.Ed.2d 41 (1997). The trial court was therefore correct in denying the motion to suppress.

Affirmed.

WARNER and KLEIN, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

J.B. v. State, 718 So. 2d 1280, 1998 Fla. App. LEXIS 12849, 1998 WL 712829 (Fla. Ct. App. 1998).

718 So. 2d 1280 (J.B. v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

A.F. v. State
850 So. 2d 667 (District Court of Appeal of Florida, 2003)
Commonwealth v. Gonsalves
711 N.E.2d 108 (Massachusetts Supreme Judicial Court, 1999)