THE STATE OF FLORIDA, APPELLANT,
v.
JERRY LAMON HOWARD, APPELLEE
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Florida appealed a trial court's order suppressing evidence obtained from a warrantless search of the defendant's tote bag and person. The appellate court reversed, holding that the searches were constitutional because they were conducted with the defendant's free and voluntary consent and incidental to a valid arrest.
The warrantless search of the tote bag was reasonable because it was conducted pursuant to the defendant's free and voluntary consent, which was untainted by any prior illegal seizure. The warrantless search of the defendant's person was reasonable because it was incidental to a valid arrest based on evidence properly seized from the tote bag.
[1] A warrantless search of a tote bag is reasonable under the Fourth Amendment when conducted pursuant to the defendant's free and voluntary consent.
[2] Consent to a search is not tainted by a prior illegal seizure if no seizure had been accomplished when consent was given.
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Join FLexlaw to unlock all legal intelligence“the warrantless search of the defendant's tote bag by the police was reasonable within the meaning of the Fourth Amendment to the United States Constitution and Article I, Section 12 of the Florida Constitution as it was conducted pursuant to the defendant's free and voluntary consent”
Establishes the primary holding that consent validates the warrantless search of the tote bag
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Join FLexlaw to unlock all legal intelligencePolice conducted a warrantless search of Jerry Lamon Howard's tote bag and subsequently searched his person. The trial court suppressed evidence obtai…
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PER CURIAM.
The order under review which suppresses certain evidence in a criminal case below is reversed and the cause is remanded to the trial court for further proceedings upon a holding that: (1) the war-rantless search of the defendant’s tote bag by the police was reasonable within the meaning of the Fourth Amendment to the United States Constitution and Article I, Section 12 of the Florida Constitution as it was conducted pursuant to the defendant’s free and voluntary consent, Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); Grimes v. State, 244 So. 2d 130, 133 (Fla.1971), which consent was untainted by an alleged prior illegal seizure of the defendant because (a) no seizure had been accomplished when the subject consent was given, State v. Frost, 374 So. 2d 593 (Fla. 3d DCA 1979), and (b) even assuming such prior illegal seizure had been accomplished at the time the subject consent was given, the taint therefrom was dissipated by subsequent police advisements that the defendant had a right to refuse said search, Husted v. State, 370 So. 2d 853 (Fla. 3d DCA 1979); St. John v. State, 363 So. 2d 862 (Fla. 4th DCA 1978); and (2) the warrantless search of the defendant’s person by the police, which yielded the contraband suppressed below, was reasonable within the meaning of the Fourth Amendment to the United States Constitution and Article I, Section 12 of the Florida Constitution as it was conducted incidental to a valid arrest of the defendant based, as it was, on the total circumstances of the case including certain incriminating evidence properly seized from the defendant’s tote bag. State v. Gustafson, 258 So. 2d 1 (Fla.1972), aff’d, 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973); § 901.21, Fla.Stat. (1979).
Reversed and remanded.
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State v. Paul, 638 So. 2d 537 (Fla. 5th DCA 1994)…(Fla. 3d DCA 1991); State v. Simm, 558 So. 2d 110 (Fla. 3d DCA 1990); Windes v. State, 547 So. 2d 346 (Fla. 3d DCA 1989); State v. Gribeiro, 513 So. 2d 1323 (Fla. 3d DCA 1987); State v. Martinez, 459 So. 2d 1062 (Fla. 3d DCA 1984); State v. Howard, 394 So. 2d 440 (Fla. 3d DCA 1981); State v. Champion, 383 So. 2d 984 (Fla. 4th DCA 1980). In this case, the trial judge was the fact finder. He heard the police officer’s testimony, which was the sole evidence presented. But, the judge did not have to believe the…
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State v. Marcelino Gribeiro, 513 So. 2d 1323 (Fla. 3d DCA 1987)…tter of law when he is advised of his constitutional right to refuse consent to search and nevertheless voluntarily does so. State v. Martinez, 459 So. 2d 1062 (Fla. 3d DCA 1984); State v. Milwood, 430 So. 2d 563 (Fla. 3d DCA 1983); State v. Howard, 394 So. 2d 440 (Fla. 3d DCA 1981); State v. Henry, 390 So. 2d 92 (Fla. 3d DCA 1980); State v. Champion, 383 So. 2d 984 (Fla. 4th DCA 1980); see also United States v. Watson, 423 U.S. 411, 96 S.Ct. 820, 46 L.Ed.2d 598 (1976). The application of this rule to the quo…
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Hunter v. State, 518 So. 2d 304 (Fla. 4th DCA 1987)…matter of law when he is advised of his constitutional right to refuse consent to search and nevertheless voluntarily does so. State v. Martinez, 459 So. 2d 1062 (Fla.3d DCA 1984); State v. Milwood, 430 So. 2d 563 (Fla.3d DCA 1983); State v. Howard, 394 So. 2d 440 (Fla.3d DCA 1981); State v. Henry, 390 So. 2d 92 (Fla.3d DCA 1980); State v. Champion, 383 So. 2d 984 (Fla. 4th DCA 1980); see also United States v. Watson, 423 U.S. 411, 96 S.Ct. 820, 46 L.Ed.2d 598 (1976). State v. Champion, 383 So. 2d 984 (Fla.…
Authorities Cited
- Schneckloth v. Bustamonte, 412 U.S. 218 (U.S. 1973)
- Gustafson v. Florida, 414 U.S. 260 (U.S. 1973)
- State v. Gustafson, 258 So. 2d 1 (Fla. 1972)
- Husted v. State, 370 So. 2d 853 (Fla. 3d DCA 1979)
- State v. Frost, 374 So. 2d 593 (Fla. 3d DCA 1979)
- ST. John v. State, 363 So. 2d 862 (Fla. 4th DCA 1978)
- Grimes v. State, 244 So. 2d 130 (Fla. 1971)