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Rinaldo v. State5/16/2001
David Rinaldo appeals his judgments of conviction for carrying a concealed firearm and driving under the influence (DUI). We affirm on all issues raised by appellant but write to address his contention that the trial court erred in denying his motion to suppress evidence gathered at a DUI roadblock.
Before trial, appellant moved to suppress physical evidence and statements obtained during his arrest at a DUI roadblock. The trial court denied his motion, and, following a jury trial, appellant was convicted as charged. On appeal, he contends that the trial court erred in denying his motion to suppress on several grounds. First, he argues that the roadblock failed to comply with the requirements of State v. Jones, 483 So. 2d 433 (Fla. 1986), and Campbell v. State, 679 So. 2d 1168 (Fla. 1996), in that the written guidelines did not specifically address detention techniques governing the roadblock encounter. Second, appellant argues that the police lacked reasonable suspicion to detain and question him during the roadblock stop and to order him out of his vehicle. Third, appellant argues that the officer lacked authority to arrest him outside of his jurisdiction.
BACKGROUND
On August 30, 1997, appellant was arrested at the scene of a DUI checkpoint in Cooper City. The checkpoint was operated by police officers from various Broward municipalities who formed a DUI task force under a Mutual Aid Agreement. Cooper City officers set up the roadblock, using cones, signs, and flashing lights to alert the public, and created a deceleration area for vehicles to flow from multiple traffic lanes into one lane of traffic.
Cooper City Police Officer Petosky, who was the point man at the roadblock, signaled appellant to stop in the checkpoint area. Appellant did not stop but drove slowly past Petosky. City of Hallandale Police Officer Williams, who was participating in the checkpoint, saw appellant roll past Petosky and pulled appellant over. Williams approached the driver's side of appellant's Ford pickup truck. Because appellant's window was darkly tinted and just partially open, Williams could see only the top of appellant's head. He asked appellant to roll down the window or open the door. When appellant did neither, the officer became concerned for his safety and opened the door to appellant's vehicle himself. The officer attempted to step in toward the door to prevent appellant from closing it, but appellant reached past the officer and pulled the door shut. Williams opened the door again and positioned himself to keep it open. He then asked appellant for his driver's license, registration, and proof of insurance. After some delay, appellant provided his driver's license, while placing a small hand-held tape recorder near the officer's face. He produced his registration and insurance after a second request for those documents.
The front passenger became very "vocal" and heightened the officer's concern for his safety. Williams then asked appellant to step outside his truck and directed him to the back of the vehicle. As appellant exited the truck, the officer noticed that appellant slid down his seat and used the door handle for support. When appellant walked to the back of the truck, he held onto the side of the truck and seemed unsteady. The officer attempted to question appellant but appellant refused to respond. While standing near appellant at the back of the truck, the officer observed that appellant had an odor of alcohol on his breath and that his eyes were bloodshot, his face was flushed, and his speech was slurred. Based on these observations, Williams arrested appellant for driving under the influence .
During a search incident to appellant'
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