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State v. Marzano

District Court of Appeal of Florida, Fourth District
Sep 22, 1982
418 So. 2d 1159 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-653.

August 25, 1982. Rehearing Denied September 22, 1982.

Appeal from the Circuit Court, Broward County, H. Mark Purdy, J.

Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellant.

John S. Berk, Fort Lauderdale, for appellees.


The state appeals an order suppressing physical evidence. We conclude that the trial court misapprehended the appropriate rule of law and, consequently, we reverse.

This case involves the suppression of contraband found aboard a boat. Initially, the trial court ruled that the stop of the vessel was justified because the officers had an articulable suspicion of criminal activity. Subsequently, however, the court reversed its decision and suppressed the evidence on the theory that "an investigatory stop, even when based on a reasonable suspicion of law violation, is illegal unless the vessel was initially seen in customs waters." We respectfully disagree.

A stop of a vessel may be justified if there is evidence that the vessel has recently crossed the border or there is evidence giving rise to an articulable suspicion that the defendants were engaged in illegal activity. State v. Doyle, 409 So.2d 1168 (Fla. 3d DCA 1982); State v. Zafra, 408 So.2d 745 (Fla. 3d DCA 1982); Morales v. State, 407 So.2d 321 (Fla. 3d DCA 1981). Having found a lawful justification for the stop, the trial court erred in requiring proof that the vessel was seen in customs waters. Accordingly, the order of suppression is reversed and the cause is remanded for further proceedings.

REVERSED and REMANDED.

DOWNEY, HURLEY and DELL, JJ., concur.


Summaries of

State v. Marzano

District Court of Appeal of Florida, Fourth District
Sep 22, 1982
418 So. 2d 1159 (Fla. Dist. Ct. App. 1982)
Case details for

State v. Marzano

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. RICHARD JOHN MARZANO AND RICHARD MICHAEL…

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 22, 1982

Citations

418 So. 2d 1159 (Fla. Dist. Ct. App. 1982)

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