Tristan Hilton v. State of Florida

SC05-438

Pinellas County
The 2nd District Court of Appeal has asked the Florida Supreme Court whether a police officer may constitutionally stop and search a motorist based on a cracked windshield before determining whether the crack is a dangerous condition. Police stopped Mr. Hilton in Clearwater only because of a small crack in his windshield. However, after they asked him to get out of the car they could smell marijuana and found the drug hidden on him. Mr. Hilton asked that evidence be suppressed but the trial court refused. The 2nd DCA ruled that Hilton's conviction had to be overturned. But on rehearing the court reversed itself, upheld the verdict and certified the question to this court.

Note: This case is also being used as the case study for the Justice Teaching Institute, the Court's annual program to train teachers in teaching about the law.