Parsons v. State

John Wayne Parsons appeals his judgment and sentence for two counts of felon in possession of a weapon. Mr. Parsons pleaded guilty to both counts, reserving the right to challenge the trial courts denial of his motion to suppress evidence. That evidence was observed and seized when a deputy sheriff ordered Mr. Parsons out of his automobile. We reverse because this case is controlled by Popple v. State, 626 So. 2d 185 (Fla. 1993), and Danielewicz v. State, 730 So. 2d 363 (Fla. 2d DCA 1999). Although we understand the officers decision to order Mr. Parsons from his automobile, this act transformed a consensual encounter into a Terry stop at a time when the officer had not developed what the case law regards as a well-founded suspicion to support an investigatory stop. Accordingly, we must suppress the dispositive evidence.