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State v. Snead

District Court of Appeal of Florida, Second District
Jan 9, 1998
707 So. 2d 769 (Fla. Dist. Ct. App. 1998)

Summary

holding that stop was reasonable where officer had probable cause to believe that appellee's taillight and brake light were inoperable

Summary of this case from Hilton v. State

Opinion

Case No. 95-03727.

Opinion filed January 9, 1998.

Appeal from the Circuit Court for Pinellas County; Nelly N. Khouzam, Judge.

Robert A. Butterworth, Attorney General, Tallahassee, and Tonja R. Vickers, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, Bartow, and Richard P. Albertine, Jr., Assistant Public Defender, Clearwater, for Appellee.


The State appeals from an order suppressing evidence of a firearm and cocaine found in Keith Snead's vehicle after a traffic stop. The trial court determined the stop was pretextual. We reverse.

In determining the validity of a traffic stop, the United States Supreme Court in Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769 (1996), held that an objective test is to be applied, thereby overruling the reasonable officer test of State v. Daniel, 665 So.2d 1040 (Fla. 1995). See Holland v. State, 696 So.2d 757 (Fla. 1997). "As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred." Whren, 517 U.S. 808, 116 S.Ct. at 1772. Thus, in "applying the objective test, generally the only determination to be made is whether probable cause existed for the stop in question." Holland, 696 So.2d at 759 (footnote omitted).

Here, Officer Ober, who stopped Snead's vehicle, testified that the taillight and brake light on the driver's side were inoperable. He issued Snead a traffic citation for "improper unsafe equipment." The evidence showed that the officer had probable cause to make the stop. No further inquiry into the officer's motivation for the stop is relevant under the objective test. See Holland, 696 So.2d at 760 (stating that "subjective viewpoints no longer factor into the analysis"). Therefore, we reverse the suppression order and remand for further proceedings.

Reversed and remanded.

PARKER, C.J., and NORTHCUTT, J., Concur.


Summaries of

State v. Snead

District Court of Appeal of Florida, Second District
Jan 9, 1998
707 So. 2d 769 (Fla. Dist. Ct. App. 1998)

holding that stop was reasonable where officer had probable cause to believe that appellee's taillight and brake light were inoperable

Summary of this case from Hilton v. State

holding that a vehicle was properly stopped where a brake light and a tail light were inoperative

Summary of this case from State v. Perez-Garcia

holding that stop was reasonable where officer had probable cause to believe that appellee's taillight and brake light were inoperable

Summary of this case from State v. Schuck

holding that stop was reasonable where officer had probable cause to believe that appellee's taillight and brake light were inoperable

Summary of this case from Hilton v. State

finding that officer had probable cause to make a traffic stop where he observed that a taillight and a brake light on the driver's side were inoperable

Summary of this case from State v. Kindle

reversing trial court's order suppressing evidence, which was based on finding that stop was pretextual, because officer had probable cause to make stop based on observed traffic infractions

Summary of this case from State v. McCabe
Case details for

State v. Snead

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. KEITH GARRETT SNEAD, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jan 9, 1998

Citations

707 So. 2d 769 (Fla. Dist. Ct. App. 1998)

Citing Cases

Hilton v. State

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Welch v. State

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