when a defendant was stopped for a noncriminal traffic violation which justified only a temporary detention solely for the purpose of issuing a citation and, although the officer expressed concern that E.H. kept reaching into his pocket after he had been ordered to get out of the car, there was no testimony that the officer observed anything which caused him to believe a dangerous weapon might be present
How later courts described this case
- when a defendant was stopped for a noncriminal traffic violation which justified only a temporary detention solely for the purpose of issuing a citation and, although the officer expressed concern that E.H. kept reaching into his pocket after he had been ordered to get out of the car, there was no testimony that the officer observed anything which caused him to believe a dangerous weapon might be present
- officer's pat-down search of passenger in vehicle stopped for issuance of traffic citation was improper, absent any indication or suspicion of criminal activity; defendant's mere act of reaching into his pocket did not justify officer's belief that defendant was armed with dangerous weapon
- officer was not justified in searching passengers in a vehicle stopped for a traffic offense where the officer lacked probable cause to believe the passengers were armed
- "A non-criminal traffic violation justified the temporary detention solely for the purpose of issuing a citation."
Written by the judges who cited it.
The opinion
HARRIS, Judge.
Officers of the Orlando Police Department stopped a vehicle containing four youths in order to issue a traffic citation. There was no suspicion of criminal activity. The officers ordered the passengers, including E.H., a passenger in the backseat, to get out of the car. Because E.H. “kept reaching into his pocket,” one officer conducted a pat down and felt “plastic, with some hard, rocklike rocks.” Based on his training and experience, the officer recognized the feel of the contents within the passenger’s pocket as “rock cocaine.” He seized the contents of the pocket and at *244 tempted to justify the seizure on the “plain touch” doctrine. The trial court refused to suppress the evidence.
We need not decide this case on whether the plain touch doctrine permits this seizure. We reverse because the search itself was improper. The state’s reliance on section 901.151 is misplaced. First, this was not a Terry stop. There was no indication or even suspicion that the youths had committed, were committing, or were about to commit a violation of the criminal laws of the state. A non-criminal traffic violation justified the temporary detention solely for the purpose of issuing a citation. Cf. Cresswell v. State, 564 So.2d 480 (Fla.1990). Although the officer expressed concern that E.H. kept reaching into his pocket, the state never established that the officer had probable cause to believe that E.H. was armed with a dangerous weapon. There was no testimony, for example, that the officer observed a bulge in E.H.’s pocket or made any other observation which caused him to believe that a dangerous weapon might be present.
We also are concerned with officer safety. But that concern can not justify searching passengers in vehicles stopped for traffic offenses under the facts of this case.
REVERSED and REMANDED.
DAUKSCH and W. SHARP, JJ., concur.