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Taylor v. State

District Court of Appeal of Florida, Fifth District
Jul 21, 1995
658 So. 2d 173 (Fla. Dist. Ct. App. 1995)

Summary

holding that when an officer pulled up behind the defendant, who was parked in a driveway with the motor running, and ordered him to turn off his motor and produce his driver's license, the defendant was improperly seized and the search that followed was illegal

Summary of this case from Gentles v. State

Opinion

No. 93-2524.

July 21, 1995.

Appeal from the Circuit Court, Orange County, John H. Adams, Sr. J.

James B. Gibson, Public Defender, and Nancy Ryan, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Mark S. Dunn, Asst. Atty. Gen., Daytona Beach, for appellee.


James Taylor was parked (he was actually in his vehicle with the motor running) in a private driveway behind an apartment complex. As he was about to leave, a police officer pulled up behind him, approached his vehicle, and ordered him to turn off his motor and give him his driver's license. The officer's conduct, without even a suspicion that a crime was being or had been committed, was an improper seizure of Mr. Taylor. The search which followed, without a showing of an unequivocal break in the chain of illegality (the improper seizure), even if consent was given, was invalid. See Norman v. State, 379 So.2d 643 (Fla. 1980); State v. Paul, 638 So.2d 537 (Fla. 5th DCA 1994), rev. denied, 654 So.2d 131 (Fla. 1995). The motion to suppress should have been granted.

Given the foregoing, we need not decide whether the trial court's error in allowing the state to compel the defendant as a witness at the suppression hearing was harmless per State v. DiGuilio, 491 So.2d 1129 (Fla. 1986), as contended by the state. REVERSED and REMANDED with instructions to discharge the defendant.

COBB, HARRIS and THOMPSON, JJ., concur.


Summaries of

Taylor v. State

District Court of Appeal of Florida, Fifth District
Jul 21, 1995
658 So. 2d 173 (Fla. Dist. Ct. App. 1995)

holding that when an officer pulled up behind the defendant, who was parked in a driveway with the motor running, and ordered him to turn off his motor and produce his driver's license, the defendant was improperly seized and the search that followed was illegal

Summary of this case from Gentles v. State

holding that police conduct constituted illegal seizure once officer, without reasonable suspicion of criminal activity, ordered defendant to turn off his car and hand over his license

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

Taylor v. State

Case Details

Full title:JAMES TAYLOR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 21, 1995

Citations

658 So. 2d 173 (Fla. Dist. Ct. App. 1995)

Citing Cases

Gentles v. State

Both orders constitute a seizure because they convey to a reasonable person under the circumstances that he…

State v. R.H

Id. at 964. The fifth district contrasted Collins from cases in which there was a demonstrable point at which…