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Jackson v. State

District Court of Appeal of Florida, Fifth District
May 23, 1991
579 So. 2d 871 (Fla. Dist. Ct. App. 1991)

Summary

holding that consensual encounter became stop once police directed defendant to exit his car

Summary of this case from State v. Collins

Opinion

No. 90-863.

May 23, 1991.

Appeal from the Circuit Court, Brevard County, Edward J. Richardson, J.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Judy Taylor Rush and Bonnie Jean Panish, Asst. Attys. Gen., Daytona Beach, for appellee.


We reverse the conviction for possession of cocaine in case no. 89-1326. The trial court denied appellant's motion to suppress on the ground that appellant's compliance with the officer's instruction to exit the vehicle in which he was sitting was a consensual encounter. Although we agree the officer needed no founded suspicion to approach and talk to the defendant, once the officer directed the defendant to exit the car, the encounter became a stop. See, e.g., Brown v. State, 577 So.2d 708 (Fla. 2d DCA 1991). The motion to suppress in case no. 89-1326 should have been granted. We affirm the conviction in case no. 89-3151.

Although not the basis of the trial court's ruling, we also conclude the record does not support a founded suspicion sufficient to authorize an investigatory stop.

REVERSED in part; AFFIRMED in part and REMANDED.

COBB, PETERSON and GRIFFIN, JJ., concur.


Summaries of

Jackson v. State

District Court of Appeal of Florida, Fifth District
May 23, 1991
579 So. 2d 871 (Fla. Dist. Ct. App. 1991)

holding that consensual encounter became stop once police directed defendant to exit his car

Summary of this case from State v. Collins
Case details for

Jackson v. State

Case Details

Full title:RANDY ANTHONY JACKSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: May 23, 1991

Citations

579 So. 2d 871 (Fla. Dist. Ct. App. 1991)

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