Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: Criminal Law

We represented a USF student that was arrested by a detective from the USF police department for possession of marijuana with intent to sell and possession of paraphernalia . Other students had claimed the client was selling drugs out of his dorm room. The USF detective conducted surveillance on our client before watching him leave his dorm room. The detective followed him to the parking lot and conducted a stop of his vehicle on the pretense that he committed a traffic infraction.

As the client left the parking lot he stopped at a stop sign. The detective then followed him in his vehicle. The client backed his car up and stopped 5-10 feet from the front bumper of the detective's car. He then left the parking lot and was stopped by the detective on a nearby street. The officer cited the client with an improper backing infraction. We filed a Motion to suppress.

The detective acknowledged that the only reason for the stop of the vehicle was for the improper backing traffic infraction. Section 316.1985(1) of Florida's "Limitation on Backing Statute" reads as follows:

The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.

A case out of the Second District Court of Appeals addressed a similar issue in State v. Nelson. The court first recognized that in order to lawfully stop any vehicle for a traffic infraction there must be probable cause to believe the traffic violation actually occurred. In Nelson the defendant was backing his vehicle down an alley and eventually stopped two feet from the bumper of the officer who ended up arresting him for drug possession. Like the detective in our case, the officer claimed that he was almost struck by Mr. Nelson, but he conceded that he was never forced out of his path of travel and never had to swerve his vehicle. The testimony in deposition from the USF detective was almost identical to the police officer in the Nelson case. In light of the factual similarity between the cases the State Attorney Nolle Prossed (DISMISSED) all the charges against our client. Where the client is stopped based on a traffic infraction it is always prudent to exam case law that defines what might be probable cause for the infraction.

If you want to learn more from a tampa drug attorney contact us at 813-228-7095 or link to us at tampa criminal attorney.