State v. In the Interest of M.A.D.
State v. In the Interest of M.A.D.
Opinion of the Court
This is an appeal from" an order granting a motion to suppress evidence filed on behalf of the appellee, M.A.D., in a delinquency proceeding. We reverse.
While on patrol on November 7,1997, Officer Harold Slayton spotted M.A.D. standing
M.A.D. moved to suppress the cannabis in the proceedings below on the grounds that it was the fruit of an unlawful stop. The lower court agreed and granted the motion. The state argues, and we agree, that this was error.
Where as here, M.A.D. was identified by the police as someone which both the police and the store’s management had warned on previous occasions not to congregate in front of the store, the police officer certainly had a well founded suspicion that M.A.D. was committing a trespass
Thus, for all of the foregoing reasons, we reverse the order granting the motion to suppress and remand for further proceedings in this cause.
Reversed.
. The trespass statutes provide in relevant part that: ’
810.08 Trespass in structure or conveyance
(1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having heen authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.
810.09 Trespass on property other than structure or conveyance
(l)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011;
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commits the offense of trespass on property other than a structure or conveyance.
§§ 810.08, .09, Fla. Stat. (1997)
. Our conclusion that the search was valid as incident to an arrest necessarily moots out M.A.D.’s further argument that the search was nonconsensual.
Reference
- Full Case Name
- The STATE of Florida v. In the Interest of M.A.D., a Child
- Cited By
- 9 cases
- Status
- Published