Kell v. State

Appellant pled nolo contendere to a charge of possession of cocaine, but reserved his right to appeal the trial court’s denial of his motion to suppress. We reverse.

It is axiomatic that in determining whether an officer possesses a reasonable or well-founded suspicion of criminal activity so as to justify an investigatory stop the “totality of the circumstances” must be taken into account. Although the detention may be based on something less than probable cause, it cannot be based upon mere suspicion of criminal activity. See Ruddack v. State, 537 So.2d 701 (Fla. 4th DCA 1989); King v.…