Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
STATE of Florida, Appellant, v. Ernest HOLLOMAN, Appellee.
The State of Florida appeals an order granting a motion to suppress physical evidence seized from a parked vehicle occupied by appellee, Ernest Holloman. We agree with the state that police officers may order a driver and passengers out of a lawfully stopped automobile pending completion of the stop, even though the officers may not have a reasonable suspicion of criminal activity. See Pennsylvania v. Mimms, 434 U.S. 106, 111 n. 6, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977). Here, however, there was no stop of the appellee's vehicle, because, as the police officer admitted, it was lawfully parked in a public place. Further, in granting the suppression motion, the trial court found, and the record contains competent substantial evidence to support, that “there has been no particularized and objective basis shown for a founded suspicion of criminal activity on which to base the seizure.” Thus, the order to suppress is affirmed. See Popple v. State, 626 So.2d 185, 188 (Fla.1993)(holding that a police officer's direction for occupant of a legally parked vehicle to exit his vehicle was a seizure requiring reasonable suspicion).
AFFIRMED.
PER CURIAM.
MINER, WOLF and VAN NORTWICK, JJ., concur.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: No. 1D01-1186.
Decided: May 13, 2002
Court: District Court of Appeal of Florida,First District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)