State v. Robinson (Fifth District Court of Appeals)

A deputy initiated a traffic stop on a vehicle whose tag did not match the vehicle.  The Defendant was a passenger in that vehicle. After stopping the vehicle, the Deputy learned that the driver did not have a valid driver's license. When the driver admitted that he was aware his driver's license was suspended, the driver was arrested.

At that point, the Deputy requested that the other two passengers in the vehicle, including the defendant, exit the vehicle in order to allow for a search of the vehicle incident to the driver's arrest. The Deputy stated that he had the two passengers sit outside on the curb while he conducted the search. He immediately observed, in plain view, a plastic bag on the rear floorboard on the passenger side, which appeared to be crack cocaine. This was where the defendant had been sitting before being asked to exit the vehicle. After finding the crack cocaine, the deputy secured the two passengers in the vehicle and advised the defendant of his Miranda warnings. The defendant then admitted that the drugs belonged to him and also informed the Deputy that he had drugs in his right shoe.

The Court stated that there was no basis for the deputy to handcuff the Defendant in order to proceed with his investigation. There was no testimony that the Deputy had probable cause to believe that the Defendant was armed, nor was a pat down search conducted to dispel such a belief. There was also no indication that the Defendant appeared as if he was about to flee. As such, the use of handcuffs turned the Terry stop into an arrest.

Therefore, the arrest was unlawful and the unlawful arrest tainted all statements made subsequently while the Defendant was in custody. Therefore, these statements and all contraband seized from the person of the defendant as a result of the unlawful arrest should be suppressed.