History: George Baptiste was charged with unlawful possession of a firearm by a convicted felon. He filed a motion to suppress which the trial court denied. Baptiste was convicted and sentenced to incarceration for fifteen years. He appealed to the Third District Court of Appeal, who affirmed. He then appealed to the Florida Supreme Court and the decision was reversed and remanded.
Facts: An anonymous caller reported a black male, wearing a white T-shirt and blue-jean shorts, had waved a firearm outside a grocery store and the information was dispatched to the police officers. By the time Officer Ellison arrived, Officer Williams already had Baptiste, a man matching this description, stopped at gunpoint. Officer Ellison drew her weapon …show more content…
Constitution, the Fourth Amendment guarantees citizens the right to be free from unreasonable searches and seizures. In Terry v. Ohio, 392 U.S. 1 (1968), the U.S. Supreme Court concluded that a search is reasonable when police observe suspicious behavior and there is reasonable suspicion the individual is armed and dangerous. In Florida v. J.L., 529 U.S. 266 (2000), the Supreme Court held that a Terry stop based only on an anonymous caller giving a physical description and illegal acts of an individual is not justification for a Terry stop unless the reliability of the tip has been established. Officers at the scene presented no evidence that they confirmed or observed any illegal activity, unusual conduct, or suspicious behavior indicating that Baptiste was carrying a firearm. Suspicion must be determined from information known “before” the stop-and-frisk is conducted. Baptiste was seized as soon as Officer Williams stopped him at gunpoint therefore, a citizen appearing after Baptiste is detained, and claiming he made the anonymous call and identifying Baptiste as the person he called about, is not sufficient as a cause for reasonable suspicion because it happened “after” Baptiste was detain. Hence, the stop of Baptiste was not justified as officers did not have any visual indication of illegal conduct before the seizure, and the anonymous informant arrived at the scene only after Baptiste was
Facts: An anonymous caller reported a black male, wearing a white T-shirt and blue-jean shorts, had waved a firearm outside a grocery store and the information was dispatched to the police officers. By the time Officer Ellison arrived, Officer Williams already had Baptiste, a man matching this description, stopped at gunpoint. Officer Ellison drew her weapon …show more content…
Constitution, the Fourth Amendment guarantees citizens the right to be free from unreasonable searches and seizures. In Terry v. Ohio, 392 U.S. 1 (1968), the U.S. Supreme Court concluded that a search is reasonable when police observe suspicious behavior and there is reasonable suspicion the individual is armed and dangerous. In Florida v. J.L., 529 U.S. 266 (2000), the Supreme Court held that a Terry stop based only on an anonymous caller giving a physical description and illegal acts of an individual is not justification for a Terry stop unless the reliability of the tip has been established. Officers at the scene presented no evidence that they confirmed or observed any illegal activity, unusual conduct, or suspicious behavior indicating that Baptiste was carrying a firearm. Suspicion must be determined from information known “before” the stop-and-frisk is conducted. Baptiste was seized as soon as Officer Williams stopped him at gunpoint therefore, a citizen appearing after Baptiste is detained, and claiming he made the anonymous call and identifying Baptiste as the person he called about, is not sufficient as a cause for reasonable suspicion because it happened “after” Baptiste was detain. Hence, the stop of Baptiste was not justified as officers did not have any visual indication of illegal conduct before the seizure, and the anonymous informant arrived at the scene only after Baptiste was