Third District Court of Appeal
State of Florida
Opinion filed May 20, 2015.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-2132
Lower Tribunal No. 13-911-A-K
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The State of Florida,
Appellant,
vs.
Lourdes Santana,
Appellee.
An Appeal from the Circuit Court for Monroe County, Mark H. Jones,
Judge.
Pamela Jo Bondi, Attorney General, and Marlon J. Weiss, Assistant
Attorney General, for appellant.
Carlos J. Martinez, Public Defender, and Howard K. Blumberg, Special
Assistant Public Defender, and Susana Rodriguez and Stanislav Shamayev,
Certified Legal Interns, for appellee.
Before WELLS, LAGOA, and LOGUE, JJ.
LOGUE, J.
The State appeals an order suppressing evidence. The trial court concluded
that a reasonable person in the defendant’s position would not have felt free to
leave. Viewing the evidence presented at the suppression hearing in the light most
favorable to sustaining the court’s ruling, and reviewing de novo the application of
law to the historical facts, we affirm. Compare J.N. v. State,
778 So. 2d 440, 442
(Fla. 3d DCA 2001) (concluding that a juvenile’s encounter with police was a
seizure where three uniformed police officers “ordered him to stop and arguably
blocked [his] passage with the police vehicles”), and F.E.H., Jr. v. State,
28 So. 3d
213, 216-17 (Fla. 4th DCA 2010) (holding a juvenile’s encounter with police was a
seizure where a detective’s “order” to “come here” combined with the presence of
four or five other officers conducting a police sweep “created a display of authority
sufficient to convince a reasonable juvenile that he had no choice but to comply
with the detective’s direction”), with E.V. v. State,
138 So. 3d 1163, 1165 (Fla. 3d
DCA 2014) (holding a juvenile’s encounter with one police officer was consensual
where the juvenile testified that the officer “asked me come over here”).
Affirmed.
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