LibGuides: Verde, Brandon: Florida Jurisprudence

Florida Jurisprudence

Criminal Law—Procedure § 867

West's Key Number Digest, § 867. Reasonable Suspicion defined—Comparison with other standards

Although an officer's reliance on a mere “hunch” is insufficient to justify an investigatory stop, the likelihood of criminal activity need not rise to the level required for probable cause, and it falls considerably short of satisfying a preponderance of the evidence standard. U.S. v. Arvizu, 534 U.S. 266, 122 S. Ct. 744, 151 L. Ed. 2d 740 (2002).

In addition, a founded or articulable suspicion is not the same as proof beyond a reasonable doubt, which justifies a conviction, and is considerably less than proof of wrongdoing by a preponderance of the evidence. U.S. v. Sokolow, 490 U.S. 1, 109 S. Ct. 1581, 104 L. Ed. 2d 1 (1989); U.S. v. Mikell, 102 F.3d 470 (11th Cir. 1996); State v. Lennon, 963 So. 2d 765 (Fla. Dist. Ct. App. 3d Dist. 2007).

Reasonable suspicion also is less demanding than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause, though the police are required to articulate some minimal, objective justification for the stop. 14A Fla. Jur 2d Criminal Law—Procedure § 867

While a well founded suspicion need not be sufficiently fact-based to rise to the level of probable cause for arrest, the officer must be able to articulate something more than an unparticularized range of potential suspects to support a stop. However, reasonable suspicion for an investigatory stop can be established with information that is different in quantity or content than that required to establish probable cause to arrest. Accordingly, a police officer may stop a person for the purpose of investigating possible criminal behavior even though there is no probable cause to justify an arrest, as long as the officer has a reasonable suspicion that the person is or has engaged in criminal activity. 14A Fla. Jur 2d Criminal Law—Procedure § 867

While reasonable suspicion is a less demanding standard than probable cause and requires a showing considerably less than preponderance of the evidence, the Fourth Amendment requires at least a minimal level of objective justification for making the stop. U.S.C.A. Const.Amend. 4. Wallace v. State, 8 So. 3d 492 (Fla. Dist. Ct. App. 5th Dist. 2009).

Florida Jurisprudence 2d

Automobiles and Other Vehicles § 398

West's Key Number Digest, § 398. Arrest or stop, generally

An officer, who has lawfully stopped a citizen, may detain that person long enough to accomplish the legitimate purpose of the stop. If it is based on reasonable suspicion and is for investigative purposes, it may last long enough for the officer to diligently pursue an investigation to confirm or dispel the suspicion. In DUI cases, that may include certain testing procedures or waiting for other officers to arrive. Demers, 11 Florida Practice: Florida DUI Handbook § 4.4 (2007 to 2008 ed.).

In order to detain someone for a driving under the influence (DUI) investigation, the officer must have reasonable suspicion that the detainee committed the offense. U.S.C.A. Const.Amend. 4. State v. Castaneda, 79 So. 3d 41 (Fla. Dist. Ct. App. 4th Dist. 2011).

Florida Jurisprudence 2d

Criminal Law—Procedure § 866

West's Key Number Digest, Reasonable suspicion defined—Particular circumstances

A suspect's prior arrest on drug charges,⁵ a suspect simply acting nervous or fidgeting,⁶ or a suspect being in an area of past criminal activity during late and unusual hours⁷ is not enough to justify a founded or reasonable suspicion sufficient to support an investigative stop. 14A Fla. Jur 2d Criminal Law—Procedure § 866

However, flight at the sight of an approaching police officer is a suspicious circumstance which, when added to other suspicious circumstances, may justify the belief that the defendant was engaged in criminal activity warranting an investigatory stop. State v. Lennon, 963 So. 2d 765 (Fla. Dist. Ct. App. 3d Dist. 2007).

Arresting officer's activation of her squad car's emergency lights to pull over defendant represented the commencement of an investigatory stop without reasonable suspicion of criminal activity, and defendant's traffic infraction, which occurred after the officer turned on her lights, could not form the basis of reasonable suspicion necessary for the stop. U.S.C.A. Const.Amend. 4. Ray v. State, 40 So. 3d 95 (Fla. Dist. Ct. App. 4th Dist. 2010).

Officers who entered apartment with consent of an occupant had reasonable suspicion supporting detention of defendant whom they found hiding in bedroom closet; police had reasonable grounds to believe that defendant was the brother of an accused murderer and might be armed, and reasonably suspected that defendant may have committed or been present at the subsequent murder of the only known eyewitness to the prior murder. U.S.C.A. Const.Amend. 4. Delhall v. State, 95 So. 3d 134 (Fla. 2012).