GESTEWITZ v. State

Rule of Law:

Detaining an individual solely for the purpose of issuing a trespass warning on behalf of a private property owner, absent a reasonable suspicion of separate criminal activity, constitutes an unlawful seizure under the Fourth Amendment. Evidence discovered as a direct result of such an unlawful detention is inadmissible as 'fruit of the poisonous tree.'

Facts:

• Drew G. Gestewitz had an argument with a bartender at Sharky’s Bar & Billiards, leading the bartender to call the police.
• Before officers arrived, Gestewitz moved outside and was standing by the bar's front door.
• When police arrived, the bar manager asked them to issue a formal trespass warning to Gestewitz.
• While one officer prepared the written warning, two other officers detained Gestewitz outside the bar.
• Gestewitz's friend arrived to drive him home, and Gestewitz asked for permission to leave.
• Police told Gestewitz he was not free to leave until they had finished processing the trespass warning.
• Officers ordered Gestewitz to remove his hands from his pockets, and as he voluntarily emptied them, a clear baggie containing a Xanax bar became visible.
• Upon discovering the Xanax, police arrested Gestewitz, who then attempted to flee before being apprehended.

Procedural Posture:

• The State charged Drew G. Gestewitz with possession of a controlled substance and escape in the trial court.
• Gestewitz filed a motion to suppress the Xanax, arguing it was discovered during an illegal detention.
• The trial court denied the motion to suppress.
• Gestewitz entered a guilty plea to the possession charge, reserving his right to appeal the denial of his suppression motion.
• Following a trial, Gestewitz was convicted on the charge of escape.
• Gestewitz (as appellant) appealed both convictions to the District Court of Appeal of Florida, Fourth District (an intermediate appellate court), against the State (as appellee).