Gun Suppressed | No Reasonable Suspicion | Slow Flight

Flight

Criminal Defense Attorney in Tampa notes a recent Search and seizure decision involving a Vehicle stop. The court's opinion is a free download here.  Cops said defendant took off in his car in cop speak this called "Flight." Cop observed the following:

Defendant standing in front of a parked car in the vacant lot of a closed gas station

High crime area at 1:15 a.m.

Defendant entered the car

Departed from the gas station upon making eye contact with the officer.

The Court ruled that the officer did not have reasonable suspicion for the stop of the vehicle Motion to suppress firearm discovered in search of vehicle granted.


Can Your Evidence be Suppressed? Call Me Toll Free 1-877-793-9290 .

Case Excerpts: 

"As explained in  Paff v. State, 884 So. 2d 271, 273 (Fla. 2d DCA 2004),  a “car that obeys all traffic regulations when leaving a location when a police car arrives would seem to be the motor vehicle equivalent of a person who simply walks away from an officer on foot. Such a person does not invoke the rule of Wardlow.” Here, Appellant did not flee at a high rate of speed or in a reckless manner so as to suggest flight."

"We therefore reverse the trial court’s denial of the Appellant’s motion to suppress, and accordingly REVERSE the Appellant’s judgment of conviction and vacate his sentence." 

Source: BRYAN TRAVON HILL, Appellant, v. STATE OF FLORIDA, Appellee. 1st District. January 2011.