5D04-630 State v. David Stone

State: Florida

Court: Florida Southern District Court

Docket No: 5D04-630.op

Case Date: 12/20/2004

Plaintiff: 5D04-630 State

Defendant: David Stone

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT JULY TERM 2004

STATE OF FLORIDA , Appellant,
v. CASE NO. 5D04-630 DAVID PERRY STONE ,
Appellee. ________________________________/ Opinion filed December 23, 2004 Appeal from the Circuit Court
for Orange County,
Stan Strickland, Judge.
Charles J. Crist, Jr., Attorney General,
Tallahassee, and Rebecca Roark Wall,
Assistant Attorney General, Daytona
Beach, for Appellant.

Joerg F. Jaeger of Jaeger & Blankner, Orlando, for Appellee.
PETERSON , J.
The State of Florida appeals an order suppressing evidence of a co ncealed firearm possessed by David Perry Stone after a police officer stopped him for riding his bicycle at night without lights.
A police officer stopped Stone for riding his bicycle without lights at 3:30 a.m. and asked him for identification. The officer examined the identification and when returning
it asked Stone whether he possessed any weapons or drugs. Stone admitted that he
had a gun on his hip.
Stone does not challenge the initial stop for absence of proper lighting on his bicycle, but he contends that the police officer exceeded the scope of a valid stop and prolonged his detention excessively and unconstitutionally when, after determining that he had no outstanding warrants for his arrest, the officer did not advise him that he was free to leave. Relying on cases which hold that a traffic stop must last no longer than the time it takes to write a traffic citation, Stone further contends that the police officer

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