MARQUESE D. GOODMAN, Appellant,
STATE OF FLORIDA, Appellee.
FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
from the Circuit Court for Hillsborough County; Mark D.
L. Dimmig, II, Public Defender, and Daniel Muller, Assistant
Public Defender, Bartow, for Appellant.
Moody, Attorney General, Tallahassee, and Brandon R.
Christian, Assistant Attorney General, Tampa; and Bilal Ahmed
Faruqui, Assistant Attorney General, Tampa (substituted as
counsel of record), for Appellee.
Goodman appeals the judgment and sentences entered against
him on four counts of drug possession and one count of
resisting without violence. The State failed to establish
that the officer had probable cause to arrest Mr. Goodman for
failing to comply with the officer's initial, nonverbal
request to stop and failed to establish reasonable suspicion
that Mr. Goodman was armed and dangerous to justify the
subsequent frisk. As such, we must reverse the trial
court's denial of Mr. Goodman's motion to suppress
the contents of a pill bottle recovered during the encounter.
night of October 8, 2017, Marquese Goodman, clothed in a
t-shirt and athletic shorts, was riding his bicycle in the
middle of the street. A law enforcement officer was outside
his vehicle finishing another stop when he observed that Mr.
Goodman's bicycle did not have a light. Intending to stop
Mr. Goodman for that traffic infraction, the officer entered
his patrol vehicle, followed Mr. Goodman, and activated his
lights. At that point, Mr. Goodman looked back but continued
riding. The officer then used his siren, giving it a yelp, in
an effort to get Mr. Goodman to stop. The officer admitted
that there were other people in the area behind him and that
he did not call out to Mr. Goodman. However, he believed that
Mr. Goodman should have known that the officer was directing
him to stop using his lights and siren because Mr. Goodman
stopped, jumped off of his bicycle, and began walking away
from the officer after first looking at the officer and
"acknowledging that [his] lights were activated for a
point, the officer exited his patrol vehicle, began running
after Mr. Goodman and, when he was approximately twenty-five
feet away, ordered him to stop. Mr. Goodman immediately
complied, and then he began walking towards the officer with
his bicycle. It is from this point that the officer's
body camera video begins and depicts the rest of the
officer approached, Mr. Goodman parked his bicycle in between
himself and the officer. Without being instructed to do so,
Mr. Goodman walked a few feet to the curb and sat down. This
forced the officer to walk around the bicycle to approach Mr.
Goodman, who was seated on the curb, leaning forward with his
elbows resting on his knees and his hands positioned in front
of his body.
officer, Mr. Goodman appeared very nervous. Understandably,
the officer attested to being nervous himself, in light of
Mr. Goodman's initial failure to stop, his unprompted
decision to sit down on the curb, and the fact that Mr.
Goodman was "hunching over and leaning onto his right
side." The officer believed that Mr. Goodman was
"trying to conceal something, " given the "way
he was sitting" and his abnormal demeanor. The officer
described Mr. Goodman as "using his right arm with his
right leg and ha[ving] it extended to a point where he was
almost resting and trying to avoid me seeing the right side
of his body."
officer asked Mr. Goodman if he had any identification on
him, and Mr. Goodman responded in the negative. He then asked
Mr. Goodman if he had anything on him with his name on it.
Mr. Goodman replied that he did and began rummaging through
his pocket to comply with the officer's request. Before
he could do so, the officer abruptly asked Mr. Goodman to
stand up, at which point he began to frisk Mr. Goodman. The
officer stated that he decided to conduct this pat-down for
officer safety as another officer was approaching because Mr.
Goodman was acting as if "he was hiding something which
could possibly could be a weapon on his right side."
officer began the pat-down by focusing on that right side. He
immediately felt a large, hard object in Mr. Goodman's
right pocket, which the officer recognized as a pill bottle.
At that point, Mr. Goodman "braced and tensed" then
attempted to flee but made it only six or eight steps before
being taken down by the two officers, who handcuffed him and
placed him under arrest. Officers located a prescription
bottle approximately two or three feet away from Mr. Goodman.
The bottle contained marijuana, pills imprinted "MDMA
Ecstasy, " eight white rocks appearing to be cocaine,
and a few Adderall pills.
trial court denied Mr. Goodman's motion to suppress.
Acknowledging that it was not as clear on the video as it was
from the officer's testimony, the trial court concluded
that there was reasonable suspicion that Mr. Goodman was
armed in light of the officer's description of Mr.
Goodman's actions and the way he was hunching
over. The court reasoned that because Mr.
Goodman attempted to flee from a lawful pat-down, the arrest
was justified and the search of the pill bottle was incident
to that lawful arrest.
determination as to whether a reasonable suspicion exists
under a given set of facts is a question of law that is
reviewed de novo. Beahan v. State, 41 So.3d 1000,
1002 (Fla. 1st DCA 2010). The trial court's factual
findings, however, are presumed correct and reviewed to
determine if they are supported by ...