FL4: Just being on somebody else’s property is not RS of a crime without more; telling def to “stand by” is a seizure

Defendant’s friends saw a police officer coming and all walked away. Defendant did not. That did not mean that when the encounter started, defendant was free to leave. On this record, he was not, and it was a detention without reasonable suspicion. Quoting Collins v. State, 115 So. 3d 1040, 1043 (Fla. 4th DCA 2013), “‘the arresting officer testified that the [d]efendant was not free to leave after the officer told him to stand by while he investigated.’ Id. We held that ‘a person’s mere presence on a property is not sufficient to give rise to a reasonable suspicion that the crime of trespass is being committed and cannot be the basis for an investigatory stop.’” N.S. v. State, 2017 Fla. App. LEXIS 7546 (Fla. 4th DCA May 24, 2017)