Crummie v. State

Crummie v. State, 367 So. 2d 1106 (Fla. Dist. Ct. App. 1979)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: February 27, 1979
Docket: No. 78-1086
Judges: Haverfield, C.J., and Pearson and Barkdull
Citations: 367 So. 2d 1106

Cited by 5

Opinion

367 So.2d 1106 (1979)

Jimmie Lee CRUMMIE, Appellant,

The STATE of Florida, Appellee.

No. 78-1086.

District Court of Appeal of Florida, Third District.

February 27, 1979.

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and James H. Greason, Asst. Atty. Gen., for appellee.

*1107 Before HAVERFIELD, C.J., and PEARSON and BARKDULL, JJ.

PER CURIAM.

Defendant, Jimmie Lee Crummie, appeals his conviction for possession of heroin and cocaine based upon a plea of nolo contendere tendered after the trial court denied his motion to suppress on the ground of unlawful detention. The pertinent facts are as follows:

Officer Estrada of the Miami Police Department was on routine patrol when at approximately 1:30 A.M. he observed the defendant, Jimmie Crummie, with two other black males on mopeds traveling northbound on S.W. 17th Avenue. Since numerous robberies and burglaries had been committed in the neighborhood by three black males described as riding mopeds, Officer Estrada continued to observe Crummie and his companions during which time he saw them run a red light. Thereupon, he followed and stopped them. Officer Estrada proceeded to run a routine check on Crummie and his companions and then observed a shiny object on Crummie's left leg. Concerned for his safety, Officer Estrada began to pat down Crummie, and the contraband (cocaine and heroin) was discovered on his person.

The trial judge denied the motion to suppress because Officer Estrada testified at the suppression hearing that he stopped Crummie and his companions because of the reports of recent robberies and burglaries committed by three young black males on mopeds.

As at the suppression hearing, defendant Crummie argues that the above ground was insufficient to support a reasonable suspicion that he was engaged in criminal activity and to permit an investigatory stop.

We need not determine this issue of the existence of a reasonable suspicion because Officer Estrada observed Crummie and his companions run a red light and, therefore, pursuant to Section 901.15(5), Florida Statutes (1977) he lawfully stopped them. See also Sections 316.001 et seq. Florida Statutes (1977). Any other intentions of Officer Estrada toward Crummie and his companions would not invalidate the lawful investigatory stop as a result of the traffic violation.

Affirmed.

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Cited by 5 cases

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State Appellate Courts5

Relies on it most ⓘ

State v. Irvin483 So. 2d 461 (Fla. Dist. Ct. App. 1986)
State v. Holland680 So. 2d 1041 (Fla. Dist. Ct. App. 1996)
State v. Ogburn483 So. 2d 500 (Fla. Dist. Ct. App. 1986)
Diaz v. State423 So. 2d 508 (Fla. Dist. Ct. App. 1982)
Delgado v. State426 So. 2d 1273 (Fla. Dist. Ct. App. 1983)

Most recent

State v. Holland680 So. 2d 1041 (Fla. Dist. Ct. App. 1996)
State v. Ogburn483 So. 2d 500 (Fla. Dist. Ct. App. 1986)
State v. Irvin483 So. 2d 461 (Fla. Dist. Ct. App. 1986)
Delgado v. State426 So. 2d 1273 (Fla. Dist. Ct. App. 1983)
Diaz v. State423 So. 2d 508 (Fla. Dist. Ct. App. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Travelers Ins. Co. v. Everett, 367 So. 2d 1106 (Fla. Dist. Ct. App. 1979)	1

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