State v. Hickman
The Sixth District reversed a suppression order, holding that an officer had probable cause to approach and stop a car parked in a clearly marked no-parking zone, even though the officer did not initially realize a parking law had been violated and the traffic violation did not subjectively motivate his approach. Applying Whren's objective test, the court held the officer's subjective intent is irrelevant where probable cause of a parking violation objectively existed, making the stop constitutional and the subsequently discovered drugs admissible.
Key facts
- Defendant was stopped by an officer who approached a parked vehicle in a no-parking zone; drugs were subsequently discovered during the stop.
- The trial court suppressed the evidence, finding the officer lacked probable cause for the stop and relying on the officer's subjective intent rather than objective facts.
- +2 more key facts with a free trial
Why it matters
This opinion reinforces that Florida's objective-probable-cause test for traffic/parking stops under Whren and Holland applies even to parking violations and even when the officer did not realize a violation existed… — full analysis with a trial
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