Supreme Court of Florida

Denial of a motion to suppress drug evidence discovered on defendant's person during the course of a search incident to an arrest on an outstanding warrant is affirmed where: 1) the totality of the circumstances of his encounter with law enforcement indicated that he was not seized for Fourth Amendment purposes when a police officer held in her hand at that specific site the identification he had consensually and voluntarily provided, and viewed it as she conducted a warrants check in his presence, without moving away from that location; and 2) even if the encounter had amounted to a seizure, the evidence discovered during the search need not be suppressed pursuant to the application of the test announced in State v. Frierson, 926 So. 2d 1139 (Fla. 2006).

Appellate Information

• Decided 12/14/2006
• Published 12/14/2006

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• James S. Purdy, Public Defender and Noel A. Pelella, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Petitioner.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Wesley Heidt and Kellie A. Nielan, Assistant Attorneys General, Daytona Beach, FL, for Respondent.