Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

N.S. v. State

Florida Court of Appeals, Fourth District

May 24, 2017

N.S., a child, Appellant,
v.
STATE OF FLORIDA, Appellee.

         Not final until disposition of timely filed motion for rehearing.

         Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael J. Orlando, Judge; L.T. Case No. 062015CJ000824AXXXCE.

          Carey Haughwout, Public Defender, and Virginia Murphy, Assistant Public Defender, West Palm Beach, for appellant.

          Pamela Jo Bondi, Attorney General, Tallahassee, Mark J. Hamel and Matthew Steven Ocksrider, Assistant Attorney Generals, West Palm Beach, for appellee.

          Kuntz, J.

         The Child appeals the court's final judgment withholding adjudication of delinquency. On appeal, the Child argues the court erred in its conclusion that his initial encounter with the arresting officer was consensual and, therefore, erred in issuing the resulting order denying his motion to suppress. We agree that the initial encounter between the officer and the Child was not consensual and, further, that the record lacked any evidence which would have given the officer reasonable suspicion to stop the Child. Therefore, we reverse and remand with instructions to grant the motion to suppress.

         Background

         A detective responded to a call regarding a suspicious vehicle around apartments. Upon arriving in the area, the detective heard voices coming from the adjacent city park and, given the time of day-9:00 pm-he decided to investigate. He saw a group of people walk away as he approached, and requested a fellow officer to assist.

         When the officer arrived, he instructed the group to stop but only the Child complied. The officer testified that "upon his arrival . . . he stopped the Child . . . as he was exiting the park area of the apartment complex." After a discussion, the officer patted down the Child and discovered a bag of marijuana in his pocket.

         The Child moved to suppress this evidence, arguing that the officer lacked the legal authority to detain him. He argued the evidence was found as a result of a detention without probable cause or other legal basis. Therefore, he argued it must be suppressed.

         The trial court denied the motion, finding the initial encounter between the officer and the Child to be consensual, and that the officer's testimony was clear. Based upon the denial of the motion to suppress, the Child entered a plea of no contest, expressly reserving his right to appeal.

         Analysis

         We review a court's ruling on a motion to suppress under a mixed standard of review, deferring to the court for its findings of fact, and reviewing conclusions of law de novo. Porter v. State, 765 So.2d 76, 77 (Fla. 4th DCA 2000) (en banc).

         Ultimately, the issue in this case is whether the Child was entitled to the protections afforded by the Fourth Amendment to the United States Constitution in the initial interaction with the officer and, if so, whether the Fourth Amendment was violated. To determine whether the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.