Sylvester H. Graham v. State Florida

Appellant entered a plea of nolo contendere to the charge of burglary, and reserved the right to appeal the denial of a motion to suppress. We affirm. The defendant, dressed in dark clothing, was observed by police officers at 1:20 a.m. rapidly riding a girl's bicycle, without lights, towards the exit of a residential Hobe Sound subdivision. When the defendant suddenly came upon the police vehicle he jerked his bike around, quickly, and headed in the opposite direction from that in which he had been pedaling. One of the officers also testified that he was cognizant of the fact that the defendant was a black male, and that to his knowledge, no black persons resided in that neighborhood.