from the Circuit Court for Pinellas County; Frank Quesada,
Melissa A. Loesch of Roger Futerman & Associates, Clearwater,
Moody, Attorney General, Tallahassee, and Elba Caridad
Martin, Assistant Attorney General, Tampa, for Appellee.
Allenbrand, also known as Terri Graham, appeals her judgment
and sentences for (1) felony DUI (third within ten years) and
(2) misdemeanor driving while license suspended or revoked.
Allenbrand entered a guilty plea and specifically reserved
her right to appeal the denial of her dispositive motion to
suppress. Because the officer lacked a reasonable suspicion
of criminal activity to support an investigatory stop, the
trial court should have granted her motion to suppress. Thus,
we reverse her judgment and sentences and remand for
officer who conducted the investigatory stop was the only
witness at the suppression hearing. The officer received a
dispatch at around 1:00 a.m. regarding a dark pickup truck
with a loud muffler in the area of 46th Avenue Northeast and
Shore Acres Boulevard Northeast in St. Petersburg. An
anonymous caller stated that the vehicle "had been in
the area for about an hour driving back and forth between
49th Avenue Northeast and 48th Avenue Northeast." Notes
on a second anonymous call only indicate that the
"[s]econd call referenced the same vehicle."
officer described the neighborhood as "Shore Acres or
Snell Isle." He arrived in the area about ten minutes
after receiving the dispatch and positioned his cruiser near
the entrance to Shore Acres on the main road that goes in and
out of the neighborhood. The officer observed a dark pickup
truck and heard a loud exhaust. He estimated that he could
hear the exhaust from 50 to 100 feet away. He pulled his
cruiser behind the vehicle and saw it stop abruptly for
several seconds in the roadway. There were no obstructions in
front of the vehicle. The vehicle then continued on and made
a turn on Shores Acres Boulevard Northeast. The officer
conducted a stop of the vehicle. Allenbrand was the driver,
and the officer noticed signs of impairment. Allenbrand was
ultimately charged with DUI and driving with a revoked or
conclusion of the suppression hearing, the trial court took
the matter under advisement. At a later hearing, the court
announced its ruling and stated "that there was enough
suspicion to stop the car." The trial court explained
its grounds for denying the motion as follows: "There
were two complaints, both talking about the same thing and
about what was it, 20 minutes later law enforcement arrived
on the scene and confirmed that, in fact, a vehicle with a
loud muffler was there; a stop that resulted in an arrest for
appeal, our review of a ruling on a motion to suppress
regarding the application of the law to the facts is de novo.
State v. Teamer, 151 So.3d 421, 425 (Fla. 2014).
"Whether a reasonable suspicion exists under a given set
of facts is a question of law reviewable by the de novo
standard." Beahan v. State, 41 So.3d 1000, 1002
(Fla. 1st DCA 2010).
enforcement "officer may reasonably detain a citizen
temporarily if the officer has a reasonable suspicion that a
person has committed, is committing, or is about to commit a
Teamer, 151 So.3d at 425 (quoting Popple v.
State, 626 So.2d 185, 186 (Fla. 1993)); see
also § 901.151(2), Fla. Stat. (2016). To avoid a
violation of an individuals Fourth Amendment rights, the
suspicion of criminal activity must be well-founded and
articulable. Popple, 626 So.2d at 186. An
unparticularized or bare suspicion or a hunch is
insufficient. Teamer, 151 So.3d at 426; Love v.
State, 706 So.2d 923, 924 (Fla. 2d DCA 1998). To
determine if reasonable suspicion exists, the court must
consider the totality of the circumstances based on the
viewpoint of an objectively reasonable law enforcement
officer. See Teamer, 151 So.3d at 426.
Love, this court determined that a deputy did not
have a founded suspicion to stop a vehicle. 706 So.2d at 924.
This court stated, "We are unwilling to hold that
driving slowly late at night, in a type of vehicle that is
often stolen, in a neighborhood that has had burglaries at