Ross v. State, 419 So. 2d 1170 (Fla. 2d DCA 1982). · Go Syfert
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Ross v. State, 419 So. 2d 1170 (Fla. 2d DCA 1982). Cases Citing This Book View Copy Cite
14 citation events (2 in the last 25 years) across 3 distinct courts.
Strongest positive: Jonavon D. Gaines v. State (fladistctapp, 2015-02-11)
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (rule) Jonavon D. Gaines v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
See M.M. v. State, 80 So.3d 1125, 1126-27 (Fla. 4th DCA 2012) (holding that BOLO stating that “two white males had just robbed the victim at gunpoint and fled the area on foot” lacked sufficient specificity to provide the officer with reasonable suspicion to stop the juvenile); L.O. v. State, 44 So.3d 1290, 1293-94 (Fla. 4th DCA 2010) (holding that BOLO description of two black males, one wearing a black shirt and black pants and one wearing a red shirt and black pants, did not provide the requisite founded suspicion for the'juvenile’s detention); Sanders v. State, 666 So.2d 1035, 1036-3…
cited Cited as authority (rule) R.M. v. State
Fla. Dist. Ct. App. · 2014 · confidence medium
L.O. v. State, 44 So.3d 1290, 1293-94 (Fla. 4th DCA 2010); Ross v. State, 419 So.2d 1170, 1170 (Fla. 2d DCA 1982).
cited Cited "see" State v. Green
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
See Ross v. State, 419 So.2d 1170 (Fla. 2d DCA 1982).
discussed Cited "see" Strong v. State
Fla. Dist. Ct. App. · 1986 · signal: see · confidence high
See Ross v. State, 419 So.2d 1170 (Fla. 2d DCA 1982) (radio dispatch describing black male with short-cropped hair wearing white tee shirt and blue jeans was general; clothing description was not unusual or distinctive; stop not justified).
discussed Cited "see" Williams v. State
Fla. Dist. Ct. App. · 1984 · signal: see · confidence high
See Ross v. State, 419 So.2d 1170 (Fla.2d DCA 1982) (tip that a black male with short cropped hair, wearing a white tee shirt and blue jeans was involved in an assault could have fit many people in the black neighborhood).
Moses ROSS, Appellant,
v.
STATE of Florida, Appellee.
82-408.
District Court of Appeal of Florida, Second District.
Sep 29, 1982.
419 So. 2d 1170
Boardman.
Cited by 13 opinions  |  Published

Jerry Hill, Public Defender, and David A. Davis, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Frank Lester Adams, III, Asst. Atty. Gen., Tampa, for appellee.

BOARDMAN, Judge.

Moses Ross appeals judgments and sentences for possession of a firearm by a convicted felon and possession of less than 20 grams of marijuana, contending that the trial court erred in denying his motion to suppress the evidence. We hold that the initial stop by the police was not justified, and we therefore reverse.

At about eleven p.m. on September 12, 1981, Sarasota police officers Wall and Benton received a radio dispatch regarding an assault near a bar involving a "black male with short cropped hair, wearing a white tee shirt and wearing blue jeans" who was last seen heading north. While responding to another call, they noticed appellant walking south. Appellant fit the description given over the radio, except that his hair was plaited.

Twenty-five minutes later, after resolving a domestic altercation, the officers relocated appellant and decided to stop him. Upon discovering an outstanding charge against him, they arrested and searched him, finding a pistol and some marijuana on his person, which formed the basis of the instant charges against him.

Clearly, the officers did not have a founded suspicion to justify their stop of appellant. The BOLO description was general, and appellant's clothing was hardly unusual or distinctive. The description could have fit many people in that area, it being a black neighborhood and an hour when many people were on the street. Moreover, appellant's hair style and the direction in which he was walking when first spotted were inconsistent with the BOLO information. See State v. Hetland, 366 So.2d 831 (Fla. 2d DCA 1979), aff'd, 387 So.2d 963 (Fla. 1980), Lewis v. State, 337 So.2d 1031 (Fla. 2d DCA 1976), cert. denied, 345 So.2d 427 (Fla. 1977).

Accordingly, appellant's judgments and sentences are REVERSED.

HOBSON, A.C.J., and DANAHY, J., concur.