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605 So. 2d 561

Davis v. State

District Court of Appeal of Florida

Decided September 23, 1992

District Court of Appeal of Florida · decided 1992-09-23

Cited by 2 later decisions — most recently August 1995

2 state decisions

Key passage — most relied on by later courts

“[w]hen the prosecution relies solely upon a minor traffic violation as justification for the stop of an automobile, it has the burden of showing that a reasonable officer would have stopped the vehicle under such circumstances.”

quoted by 1 later decision, including Daniel v. State

Relies on Jackson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-09-23

View the full empirical analysis of this case →

BLUE, Judge.

¶1The appellant, Alvin Deweitt Davis, seeks reversal of his judgment and sentence for possession of cocaine. He challenges the denial of his motion to suppress cocaine on the basis of a pretextual stop. We reverse because the state did not carry its burden at the suppression hearing.

¶2The officer who stopped Davis’ car testified that he knew Davis from prior occasions and recognized his vehicle. He followed Davis and stopped his vehicle because its left tail light was inoperative. As in this case, when the state relies solely upon a minor traffic violation as justification for the stop of an automobile, it has the burden of showing that a reasonable officer would have stopped the vehicle under the circumstances. Jackson v. State, 596 So.2d 113 (Fla. 1st DCA 1992). Our review of the record reveals that the state failed to offer evidence to sustain its burden. The trial court erred in denying Davis’ motion to suppress.

¶3Reversed

HALL, A.C.J., and SCHOONOVER, J„ concur.
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