Gano v. State
Docket: No. 91-02843
Court: District Court of Appeal of Florida; June 3, 1992; Florida; State Appellate Court
Clifford D. Gano was convicted of possession of cocaine and marijuana but pled nolo contendere, preserving his right to appeal the denial of his motion to suppress evidence obtained during a police encounter. The court found that the denial of the motion to suppress was improper. The facts of the case began when Clearwater Police Sergeant Harris observed two men sitting in a parked car outside the "Jeffries Lounge" at about 1:00 a.m. The lounge was open, and Sergeant Harris deemed their presence as "unusual" without clear justification. Upon approaching the vehicle, he noticed the passenger, Mr. Kelly, seemingly shoving something under the seat, which prompted Sergeant Harris to instruct both men to raise their hands. Despite the suspicious behavior, the court concluded that Sergeant Harris lacked sufficient facts to establish a founded suspicion of criminal activity at the time he ordered the men out of the car. The mere presence of the two men in a parked car with the lounge open did not constitute a reasonable basis for suspicion. The court referenced precedent indicating that a mere suspicion is insufficient for a stop. Ultimately, the court reversed the denial of the motion to suppress, instructing that Gano be discharged, as the evidence obtained after the unlawful detention could not be used against him. Judges Frank and Parker concurred with the decision.