HARRY MICHAEL EDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1979-05-04
No. MM-84
MELVIN, Acting C. J., and BOOTH and LARRY G. SMITH, JJ., concur.
370 So. 2d 826 Florida District Court of Appeal, First District (1979) Positive Treatment
Cited by 6 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Eden appeals his conviction based on a motion to suppress evidence seized from his van during an agricultural inspection, arguing the inspector lacked authority to stop the vehicle and that he did not voluntarily consent to the search. The court affirms, holding that Eden's van constituted a 'truck' subject to mandatory inspection and that the search was conducted with valid consent.


Holding

The court held that Eden's van qualified as a 'truck' under Florida's definition and was therefore subject to mandatory inspection under Section 570.15(2). The court also held that the search was conducted with valid voluntary consent, as Eden offered no refusal or resistance at any point during the inspection.


Headnotes

[1] A motor vehicle designed or used principally for carrying things other than passengers, including those with added equipment for carrying merchandise, qualifies as a "tru…

[2] An agricultural inspector has the authority to stop and detain a vehicle that fails to stop at an inspection station.

Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“any motor vehicle designed or used principally for carrying things other than passengers and includes a motor vehicle to which has been added a cabinet box, platform, rack, or other equipment for the purpose of carrying merchandise other than the person or effects of the passengers”

Definition of 'trucks' under Section 320.01(13) that establishes the van qualifies as a vehicle subject to mandatory inspection

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Eden's van was equipped with seats for a driver and passenger but was otherwise composed entirely of cargo area, with a large wooden storage compartme…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Eden appeals the trial court’s denial of his motion to suppress evidence discovered in his vehicle by an agricultural inspector pursuant to Section 570.15, Florida Statutes (1977), claiming (1) that the inspector had no authority under the statute to stop or inspect his vehicle, and (2) that he did not voluntarily consent to a search of his vehicle after it was stopped. We disagree on both points and affirm.

Section 570.15(2) makes it unlawful for “any truck or any truck or motor vehicle trailer” to bypass an agricultural inspection station without stopping.

Appellant argues that his vehicle, a van, was not required to stop under that statute. After studying the statutory definitions provided in Chapter 320, however, we cannot agree.

Section 320.01(13) provides that the word “trucks” includes “any motor vehicle designed or used principally for carrying things other than passengers and includes a motor vehicle to which has been added a cabinet box, platform, rack, or other equipment for the purpose of carrying merchandise other than the person or effects of the passengers.” Here the testimony showed that appellant’s van had seats for a driver and passenger but was otherwise composed entirely of cargo area. Further, it was shown that the back compartment of the van contained a large wooden storage area clearly not intended for passenger use. On these facts, we believe appellant was required to stop his vehicle at the inspection station, and when he did not do so, the inspector had the right to chase him down and detain the vehicle for inspection purposes.

With respect to the issue of consent, we would note initially that Section 570.-15(l)(a)(6), Florida Statutes (Supp.1978) gives inspectors the right of access to “trucks.” Applying the above-mentioned definition of “trucks”, it is clear that appellant’s vehicle fit within that category rather than the excepted category of “private passenger automobiles with no trailer in tow, travel trailers, camping trailers, and motor homes . . . .” specified in Section 570.15(l)(a)(7), Florida Statutes (Supp. 1978).

Therefore in the absence of any refusal by appellant, the inspector had the right of full access to appellant’s van. The record shows on this issue that appellant willingly opened the side door of his vehicle after the agricultural inspector stopped him and asked if he could see what appellant was carrying. The inspector then observed the inside compartment in the vehicle and asked if appellant would open the back door of the vehicle. Appellant did so, and raised the wooden door in the rear of the compartment. The inspector saw several large packages and smelled the odor of marijuana. Believing that a felony was being committed, he escorted the vehicle back to the station, arrested appellant for bypassing the station, and reported the matter to the Sheriff’s office. The Sheriff’s Deputy arrived and the inspector opened up the rear door and the wooden compartment. The Deputy discovered marijuana and arrested appellant and his companion.

There is nothing in the record indicating any refusal or resistance to the search on appellant’s part at any point. We think the case is controlled by Bagocus v. State, 359 So. 2d 885 (Fla. 1st DCA 1978), where this court held:

“We decline to extend the holdings in Sarga v. State, 322 So. 2d 592 (Fla. 1st DCA 1975) and Powell v. State, 332 So. 2d 105 (Fla. 1st DCA 1976), to hold as a matter of law that uniformed agricultural inspection officers, carrying weapons they did not brandish in any way, have overborne the will of a lawfully stopped driver by simply asking him to permit an inspection.”

Similarly here we see no basis for upsetting the trial court’s conclusion that the search of appellant’s vehicle was conducted with his consent. The situation is unlike that in Rose v. State, 369 So. 2d 447 (Fla. 1st DCA 1979), where the appellant clearly indicated his refusal of access to the enclosed boxes, and all of the evidence showed that the station search was made without a warrant in spite of appellant’s refusal.

The judgment is AFFIRMED.

MELVIN, Acting C. J., and BOOTH and LARRY G. SMITH, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Gluesenkamp v. State, 391 So. 2d 192 (Fla. 1980)
    …van-type vehicle that determine whether it is a truck. Vans designed to carry cargo are trucks and are required to stop at agricultural inspection stations. Vans designed as passenger vehicles are not. § 570.15 Fla.Stat. (Supp.1978); Eden v. State, 370 So. 2d 826 (Fla. 1st DCA 1979). This distinction between cargo vehicles and passenger vehicles is also supported by an analysis of subsection (l)(a) of the statute. In listing the places and vehicles to which department officials are granted access, the statut…
  • Villari v. State, 372 So. 2d 522 (Fla. 1st DCA 1979)
    …ion that he consented, upon reasonable re [*524] quest, to the flashlight inspection of the truck on the highway and at the station since he willingly opened the truck and there was no refusal or resistance to this limited search. See Eden v. State, 370 So. 2d 826 (Fla. 1st DCA 1979); Sharpe v. State, 366 So. 2d 500 (Fla. 1st DCA 1979); Bagocus v. State, 359 So. 2d 885 (Fla. 1st DCA 1978); State v. Drake, 343 So. 2d 1336 (Fla. 1st DCA 1977). When appellant asked the foregoing question, however, he indicated l…
  • Knoble v. State, 399 So. 2d 85 (Fla. 1st DCA 1981)
    …ck” to pass an agricultural inspection station without first stopping for an inspection. [*87] However, only certain vans fall under the definition of “truck” as used in Section 570.15. Gluesenkamp v. State, 391 So. 2d 192 (Fla.1981); Eden v. State, 370 So. 2d 826 (Fla.1st DCA 1979). “It is the design, maintenance, and actual use of a van type vehicle that determine whether it is a truck. Vans designed to carry cargo are trucks and are required to stop at agricultural inspection stations. Vans designed as pas…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw