FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
from the Circuit Court for Orange County, Christi L.
Jo Bondi, Attorney General, Tallahassee, and Kaylee D.
Tatman, Assistant Attorney General, Daytona Beach, for
S. Purdy, Public Defender, and Matthew Funderburk, Assistant
Public Defender, Daytona Beach, for Appellee.
State appeals an order granting Robert Harris' motion to
suppress, arguing that the trial court erred in concluding
that the investigatory stop at issue was unsupported by
reasonable suspicion. This court has jurisdiction. Fla. R.
App. P. 9.140(c)(1)(B). Because the undisputed facts
establish that the arresting officers had reasonable
suspicion to believe that Harris had violated Orange
County's public nudity ordinance, we reverse.
approximately 4:45 p.m., while sitting in an unmarked police
car, Corporal Wasserman observed Harris drive into the
parking lot of a restaurant located in unincorporated Orange
County. Harris exited the car and urinated into the parking
lot. Corporal Wasserman observed Harris' exposed penis
and also observed cars "coming and going" on the
street adjacent to the parking lot. Corporal Wasserman then
requested that Deputy Chouinard, who was nearby in a marked
patrol vehicle, enter the lot and make contact with Harris.
As Harris began to walk away from his vehicle, he was
commanded to stop by Corporal Wasserman. Deputy Chouinard
approached Harris and detected a strong odor of cannabis
emanating from Harris' person. A subsequent search
resulted in the discovery of brass knuckles in Harris'
pants pocket. Harris was subsequently charged with
unlawfully carrying a concealed weapon by a convicted
suppression hearing, Harris argued that the investigatory
stop initiated by Corporal Wasserman lacked reasonable
suspicion because urinating in a parking lot was not
criminal. Although recognizing that Orange County had a
public nudity ordinance, Harris argued that the purpose of
the ordinance was to curb harmful secondary effects of adult
entertainment establishments and was not intended to apply to
the instant case. The trial court accepted Harris'
argument, found that the arresting officers lacked reasonable
suspicion to support an investigatory stop, and granted
Harris' motion to suppress.
County's public nudity ordinance provides that subject to
certain exceptions not applicable here, "it shall be
unlawful for any person to knowingly or intentionally appear
nude in a public place . . . ." Orange County, Fla.,
Code of Ordinances § 26-26(e) (2016). Displaying or
exposing the male genitals was specifically included within
the ordinance's definition of appearing "nude."
Id. § 26-26(d)(2). A "public place"
was defined to encompass
any location open to the common and general use,
participation or enjoyment of the public where the public is
present or likely to be present, or any location where the
public is invited and is free to go upon special or implied
invitation, or any location where a person may reasonably be
expected to be observed by the public. A public place
includes, but it is not limited to, a street, sidewalk, . . .
business or commercial establishment . . . [or] restaurant .
. . .
Id. § 26-26(d)(5). A violation of the ordinance
was punishable by fine or imprisonment.
§ 26-26(g); Orange County, Fla., Code of Ordinances
§ 1-9(c) (2016).
may conduct an investigatory stop if reasonable suspicion
exists to believe that an individual "has committed, is
committing, or is about to commit a crime."
Popplev. State, 626 So.2d 185, 186 (Fla.
1993) (citing § 901.151, Fla. Stat. (1991)). An
investigatory stop requires "a well-founded, articulable
suspicion of criminal activity." Id. Here, the
evidence presented at the suppression hearing reflected that
Corporal Wasserman observed Harris exposing his penis in a
restaurant parking lot at approximately 4:45 p.m. As a
result, the officer had reasonable suspicion to believe that
Harris had ...