3D2024-0779
The Third DCA affirmed Kent's convictions for cocaine possession, paraphernalia possession, and giving a false name, rejecting challenges to the traffic stop, denial of severance, and denial of mistrial. The court held that an officer's observation of brake lights illuminated for only half a second was sufficient objective evidence of probable cause that the defendant failed to come to a complete stop at a stop sign, an issue with no direct Florida precedent. The court also adopted, for the first time in Florida, the federal 'prejudicial spillover'/retroactive misjoinder framework to analyze whether evidence supporting an acquitted count tainted convictions on remaining counts.
Key facts
- Kent was arrested during a traffic stop and charged with cocaine possession, paraphernalia possession, driving with suspended license (DWLS), and giving a false name to a police officer.
- At trial, the officer testified that Kent's brake lights were illuminated for less than half a second before turning off, though the officer did not directly observe Kent fail to stop at a stop sign; Kent was acquitted of the DWLS charge but convicted on the three remaining counts.
- +2 more key facts with a free trial
Why it matters
This opinion gives Florida prosecutors and defense counsel a concrete evidentiary basis—brake-light duration—for establishing (or challenging) probable cause in stop-sign traffic stops, an issue not previously addressed… — full analysis with a trial
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