The State charged Curtis Devine with possessing cocaine with intent to distribute, obstructing a law enforcement officer, and giving a false birth date. Prior to trial, Devine moved to suppress evidence seized by police. The trial court granted Devine’s motion, and the State appeals. For reasons that follow, we reverse. On appeal from the trial court’s ruling on a motion to suppress, we review the application of law to undisputed facts de novo.1 As noted by the trial court, the facts in this case are not disputed. On March 5, 2004, Officer T. R. Golden saw a man later identified as Devine walking in a Walgreens parking lot. Devine did not appear to have an intended destination, and “it seemed like he was just looking for something.” As Golden watched, Devine approached Walgreens, then turned away and walked into an adjacent Publix parking lot. Suspicious that Devine might be looking for a car to burglarize, Golden decided to find out “what he was up to.”
Golden exited his vehicle and approached Devine, asking “what’s up” Devine did not respond. Golden asked Devine his name, and Devine told him. Next, Golden requested identification, and Devine provided his driver’s license. Golden took the license and immediately asked whether Devine would consent to a pat-down search for safety purposes. As Golden explained: The reason why I asked permission to pat Devine down for my safety and his own was because of the fact that I was involved in a conversation with him. The practice that I do for my safety so I can go home at night, if I have any contact with anybody for any extended period of time more than just, hey, how are you doing, I’m going to pat you down because I want to make sure that you don’t have any weapons on you. According to Golden, Devine looked at him, stated “I didn’t do anything,” then ran. Golden gave chase. During the chase, Devine dropped his jacket on the ground. Golden caught up with Devine and, after a struggle, managed to subdue him with the help of other officers. Another officer retrieved Devine’s jacket. Golden searched it and discovered over 100 bags of suspected cocaine. A search of Devine’s person also produced $172 in cash.
