Can a Miami Police Officer Seize a Gun in “Plain View” During a Traffic Stop?

The right to own a firearm in Florida is not without limits. Convicted felons generally cannot legally possess any firearms unless their civil rights have been restored. And of course, you are not allowed to take someone else’s firearm without their permission.

Florida Appeals Court Reverses Trial Judge’s Motion to Suppress Ruling

Many firearm arrests in Florida arise from traffic stops. When an officer observes an apparent traffic violation, they can pull over the driver to issue a ticket. During this brief detention, the officer generally cannot conduct a search of the driver’s vehicle for potentially illegal items, such as firearms or drugs. That said, if an officer sees such an item in “plain view,” they are free to seize it as potential evidence of criminal wrongdoing.

A recent decision from the Florida Sixth District Court of Appeals, State v. Crume, provides a useful illustration. This case began when a local patrol officer was stopped at a traffic light on a multi-lane highway. The defendant was traveling in the same direction as the officer in a left-hand turn-only lane. When the light changed from green to red, however, the defendant did not make a left turn but instead pulled in front of and cut off the traffic in front of the officer’s lane.

The officer pulled the defendant over. During the stop, the officer saw a firearm in plain view inside the defendant’s vehicle. The officer ran a check and discovered that not only was the defendant a convicted felon, but this particular firearm had been reported as stolen. The officer proceeded to arrest the defendant on charges of being a felon in possession and grand third-degree grand theft of a firearm.

Before the trial court, the defendant filed a motion to suppress the gun. The defense argued that the officer lacked probable cause to initiate a traffic stop in the first place. The trial judge agreed and granted the motion. The prosecution then appealed that ruling to the Sixth District.

The Court of Appeals sided with the state and reversed the trial judge’s decision. The key issue was whether the officer had probable cause to support the decision to pull the defendant over on suspicion of “careless driving.” Under Florida traffic laws, a driver must operate their vehicle “in a careful and prudent manner” such that they do not “endanger the life, limb, or property of any person.” Applying that standard to this case, the Sixth District concluded that the officer, a patrol veteran with 14 years of experience, properly concluded that the defendant’s decision to shift from his lane and cut in front of the lane to his right “more likely than not endangered the lead driver or others nearby,” even though it did not actually lead to an accident.

As such, the officer had probable cause to initiate the traffic stop, and the subsequent discovery of the gun in plain view was lawful.

Contact AsiliA Law Firm Today

Gun crimes often lead to severe prison terms under Florida law. So it is important to work with a qualified Miami gun crime attorney if you are accused of such an offense. Call AsiliA Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.

Source:

scholar.google.com/scholar_case?case=14347416252599927381