From Casetext: Smarter Legal Research

Yanes v. State

District Court of Appeal of Florida, Fifth District
May 28, 2004
877 So. 2d 25 (Fla. Dist. Ct. App. 2004)

Summary

holding that officer had reasonable suspicion for traffic stop, even in the absence of a traffic violation, where driver crossed fog line three times, regardless of whether driver endangered anyone in doing so

Summary of this case from Delvalle v. Smith

Opinion

Case No. 5D03-2479.

Opinion filed May 28, 2004.

Appeal from the Circuit Court for Orange County, Stan Strickland, Judge.

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.


After his Motion to Suppress was denied, Appellant pled guilty to trafficking in the cocaine found in his vehicle. He contends that a deputy sheriff improperly stopped his vehicle, improperly detained him after the stop, and that the ensuing search of his vehicle was tainted by the improper stop and detention. We disagree and affirm.

The deputy sheriff, while patrolling the Florida Turnpike, observed Appellant cross the "fog line" on three occasions within a mile. Each time, the vehicle crossed the line by approximately one-half of its width. Believing that the operator might be impaired, sick or tired, the deputy stopped Appellant's vehicle. He observed that Appellant had the odor of alcohol on his breath and appeared nervous. Thereafter, the deputy summoned a drug-sniffing dog. The dog detected that drugs were in the vehicle. A subsequent search of the vehicle revealed cocaine.

The white line on the right-hand side of the road.

Appellant challenges both the initial stop and his subsequent detention. He alleges that the initial stop was improper because crossing the fog line three times, without endangering anyone, neither violates the single lane statute nor otherwise provides reasonable suspicion to justify a police stop. Appellant further contends that, after the initial stop, the deputy delayed the detention for an unreasonable length of time to give the drug-sniffing dog time to arrive and sniff Appellant's car.

In support of his first contention, Appellant relies on Jordan v. State, 831 So.2d 1241 (Fla. 5th DCA 2002), and Crooks v. State, 710 So.2d 1041 (Fla. 2d DCA 1998). However, Jordan and Crooks are distinguished. The relevant statute relating to the operation of a vehicle within a lane states in pertinent part as follows:

A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

§ 316.089(1), Fla. Stat. (2002) (emphasis supplied). Unlike Jordan and Crooks, here there was evidence that Appellant deviated from his lane by more than what was practicable. To do so is a violation of the statute, irrespective of whether anyone is endangered. Furthermore, unlike Jordan and Crooks, here evidence was adduced that Appellant's abnormal driving caused the deputy to suspect that Appellant was impaired or otherwise unfit to drive. We think his suspicion was well-founded, thereby justifying the stop, even in the absence of a traffic violation. See Esteen v. State, 503 So.2d 356 (Fla. 5th DCA 1987) (weaving within lane and driving slower than posted speed justified stop based on reasonable suspicion of impairment, unfitness or vehicle defects, even absent a traffic violation); State v. Carrillo, 506 So.2d 495 (Fla. 5th DCA 1987) (weaving within lane five times within one-quarter mile sufficient to establish reasonable suspicion of impairment); Roberts v. State, 732 So.2d 1127 (Fla. 4th DCA 1999) (weaving several times sufficient to justify stop); State v. Davidson, 744 So.2d 1180 (Fla. 2d DCA 1999) (evidence of abnormal driving, albeit not amounting to a traffic violation, justified stop based on reasonable suspicion of impairment); State v. DeShong, 603 So.2d 1349 (Fla. 2d DCA 1992) (using lane as "marker" to position vehicle and slowing to 30 miles per hour sufficient to justify stop based on suspicion of impairment or defects in vehicle).

As to Appellant's second point, we conclude that Appellant has failed to demonstrate that the trial judge abused his discretion in determining that the stop was not extended for an unreasonable length of time. See Maxwell v. State, 785 So.2d 1277 (Fla. 5th DCA 2001).

AFFIRMED.

THOMPSON and ORFINGER, JJ., concur.


Summaries of

Yanes v. State

District Court of Appeal of Florida, Fifth District
May 28, 2004
877 So. 2d 25 (Fla. Dist. Ct. App. 2004)

holding that officer had reasonable suspicion for traffic stop, even in the absence of a traffic violation, where driver crossed fog line three times, regardless of whether driver endangered anyone in doing so

Summary of this case from Delvalle v. Smith

holding that police officer's observation of vehicle crossing fog line three times in space of one mile provided reasonable suspicion sufficient to justify vehicle stop, irrespective of whether anyone was endangered by such conduct, where nature of vehicle's abnormal movement caused officer to suspect that driver was impaired or otherwise unfit to drive

Summary of this case from State v. Proctor

holding vehicle's abnormal movement in crossing fog line three times within one mile justified stop

Summary of this case from State v. Rodriguez

finding probable cause to support stop and concluding that where officer observes driver cross fog line on right side of road three times "there was evidence that [driver] deviated from his lane by more than what was practicable," which was "a violation of the statute, irrespective of whether anyone is endangered"

Summary of this case from State v. Wilson

finding probable cause to support a stop and concluding that where an officer observes a driver cross the white line on the right side of the road three times "there was evidence that [the driver] deviated from his lane by more than what was practicable. To do so is a violation of the statute, irrespective of whether anyone is endangered"

Summary of this case from Dept. of Highway Safety v. Jones

stating that "deviat[ing] from [one's] lane by more than what [is] practicable ... is a violation of, irrespective of whether anyone is endangered"

Summary of this case from Baxter v. Roberts
Case details for

Yanes v. State

Case Details

Full title:ALEJANDRO YANES, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: May 28, 2004

Citations

877 So. 2d 25 (Fla. Dist. Ct. App. 2004)

Citing Cases

U.S. v. Smith

[T] he failure to maintain a single lane alone, may, under appropriate circumstances, establish probable…

State v. Wilson

See Jordan v. State, 831 So.2d 1241 (Fla. 5th DCA 2002) (holding that traffic stop was unlawful where…