Raysor v. State of Florida, 795 So. 2d 1071 (Fla 4th DCA 2001)
Jan 01, 2001OUTCOME: Evidence suppressed, case dismissed.
Defendant was riding his bicycle in a high crime area, and officer waved at him in a friendly manner without beckoning him to come over. Appellant waved back and approached the officer, who observed ca ... llouses on appellant's fingers, causing him to suspect that appellant used crack cocaine. At that point the officer read appellant his Miranda rights, which were waived, and asked appellant if he had cocaine or drug paraphernalia. Appellant responded in the affirmative and revealed a crack pipe. Appeals court held, that the officer's language, i.e., the giving of the Miranda warnings, gave the unmistakable message that the appellant was in custody, and that reading of Miranda transformed the consensual encounter into a stop, and because defendant was stopped without reasonable suspicion, the stop was illegal.
