JOSEPH CAVALLUZZI, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the defendant's encounter with police did not constitute a stop, and the subsequent observation and dog sniff of his suitcase were lawful, providing probable cause for a search.
[1] A police officer's approach to an individual, identification as an officer, request to speak, and request to see an airline ticket do not constitute a stop or temporary s…
[2] The observation of a claim check number for luggage, obtained when a defendant voluntarily turns over an airline ticket, is not tainted by subsequent illegality.
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Join FLexlaw to unlock all legal intelligencePolice officers approached the defendant at an airport, identified themselves, and asked to see his airline ticket. The defendant voluntarily provided…
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DANIEL S. PEARSON, Judge.
We affirm the judgment of conviction entered upon the defendant’s nolo contendere plea reserving his right to appeal 1 the denial of his motion to suppress contraband found in an airport search of his suitcase. We hold that (1) no stop (that is, temporary seizure) of Cavalluzzi occurred when the police officers approached him, identified themselves, asked if he would talk to them, and asked to see his airline ticket, State v. Login, 394 So. 2d 183 (Fla. 3d DCA 1981); State v. Grant, 392 So. 2d 1362 (Fla. 4th DCA 1981); United States v. Fry, 622 F. 2d 1218 (5th Cir. 1980); see also Schlanger v. State, 397 So. 2d 1028 (Fla. 3d DCA 1981), and the observation of the claim check number for the suitcase obtained when Cavalluzzi voluntarily turned over his airline ticket was not tainted by any subsequent illegality2,3; (2) where, as here, the defendant makes no claim that the time during which his suitcase was removed from the airline’s immediate control extended beyond the scheduled departure of his flight so as to constitute an unlawful seizure of the suitcase, State v. Mosier, 392 So. 2d 602 (Fla. 3d DCA 1981); see also Young v. State, 394 So. 2d 525 (Fla. 3d DCA 1981); compare United States v. West, 495 F.Supp. 871 (D.Mass.1980) (reasonable suspicion that bag contained narcotics justified “investigative stop” of bag past flight departure time), the police officers’ removal without search of Cavalluzzi’s luggage from the airline baggage area did not interfere with his reasonable expectation of privacy, State v. Goodley, 381 So. 2d 1180 (Fla. 3d DCA 1980),4 whether the distance of the removal was merely from a cart to the airport floor, see State v. Ricano, 393 So. 2d 1136 (Fla. 3d DCA 1981); State v. Mosier, supra, or, as in the present case, from the baggage area to the concourse of the airport 5; (3) the dog sniff of the suitcase after its removal from the baggage area was not a search, State v. Ricano, supra; State v. Mosier, supra; Harpold v. State, 389 So. 2d 279 (Fla. 3d DCA 1980); State v. Goodley, supra, and the dog’s “alert” on the suitcase provided probable cause to open it and search its contents, Harpold v. State, supra; State v. Goodley, supra.
Affirmed.
.It appears that the state and the court understood that the defendant’s counsel intended to reserve the right to appeal, although the express reservation does not appear of record. On two occasions after the plea was entered the State and the court remained silent in the face of defendant’s counsel’s announcement that he had expressly reserved the right to appeal at the time of the plea. By treating the right of appeal as being reserved, and according the defendant the right to appeal, we avoid the corollary problems of the court’s failure to advise the defendant when accepting the plea that “he gives up his right to appeal all matters relating to the judgment,” Florida Rule of Criminal Procedure 3.172(c)(iv), and the State’s failure to comply with the negotiated agreement.
. Cavalluzzi’s primary argument is that he was “stopped” based on profile characteristics that did not amount to a founded suspicion. Our holding that Cavalluzzi was not stopped makes it unnecessary for us to address this argument.
. Before any encounter with the defendant, the officers knew.the description of the defendant’s luggage, the identity of the airline with which it had been checked, and the fact that the defendant was taking the National flight to Newark. This information may have been sufficient to lead independently to the suitcase without reliance on the claim check number. See State v. Mosier, 392 So. 2d 602 (Fla. 3d DCA 1981), and cases cited therein. The record before us, however, is insufficiently developed for us to conclude that the independent source doctrine is applicable.
. In State v. Goodley, supra at 1182, this court said: “... a traveler who checks his luggage has no knowledge, and in fact, no real concern as to precisely where his bag may be located within the airline’s custody at any given time.” We read this as the equivalent of saying that such traveler has no privacy interest which is offended by movement or relocation of his surrendered luggage.
. The apparent reason for taking the suitcase to the concourse was to bring it to Cavalluzzi, who, according to the police officers’ belief, had consented to a search of the suitcase in his presence. Since after Cavalluzzi gave his consent, he went into shock and passed out, the officers, after bringing the suitcase to the concourse, decided not to rely upon the consent and summoned a narcotics dog. Therefore, we need not discuss the defendant’s argument that his consent was invalid.
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Jones v. State, 412 So. 2d 38 (Fla. 3d DCA 1982)…trial court’s denial of his motion to suppress cocaine discovered on his person during an airport search. Our decision rests upon our determination that no unlawful stop or seizure took place when officers asked to talk to him, Cavalluzzi v. State, 409 So. 2d 1108 (Fla.3d DCA 1982), and that the trial court correctly ruled that defendant Jones voluntarily consented to the search after having been advised he had the right to refuse. State v. Henry, 390 So. 2d 92 (Fla.3d DCA 1980); Husted v. State, 370 So. 2d 8…
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State v. Milwood, 430 So. 2d 563 (Fla. 3d DCA 1983)…“therefore vitiating the defendant’s consent to search his bag.” The State contends on appeal that the defendant was not unlawfully detained or “stopped” by the police prior to his giving consent to search his bag, relying upon Cavalluzzi v. State, 409 So. 2d 1108 (Fla. 3d DCA 1982). We agree that the initial holding of Cavalluzzi is controlling here: We hold that (1) no stop (that is, temporary seizure) of Cavalluzzi occurred when the police officers approached him, identified themselves, asked if he would…
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State v. Roberts, 415 So. 2d 796 (Fla. 3d DCA 1982)…ion to another, which was employed simply to facilitate the process, did not offend his reasonable expectations as to the location of his property4 and thus did not implicate an interest protected by the [*797] fourth amendment. Cavalluzzi v. State, 409 So. 2d 1108 (Fla. 3d DCA 1982); State v. Goodley, 381 So. 2d 1180 (Fla. 3d DCA 1980). Reversed. . Pursuant to Fla.R.App.P. 9.140(c)(1)(B). . The dispositive findings of the order are as follows. 1. That at the time of the conversation between Officer Robert…1 / 2
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Login v. State, 394 So. 2d 183 (Fla. 3d DCA 1981)
- State v. Grant, 392 So. 2d 1362 (Fla. 4th DCA 1981)
- State v. Goodley, 381 So. 2d 1180 (Fla. 3d DCA 1980)
- State v. Mosier, 392 So. 2d 602 (Fla. 3d DCA 1981)
- Schlanger v. State, 397 So. 2d 1028 (Fla. 3d DCA 1981)
- United States v. FRY, 622 F.2d 1218 (5th Cir. 1980)
- Young v. State, 394 So. 2d 525 (Fla. 3d DCA 1981)
- Harpold v. State, 389 So. 2d 279 (Fla. 3d DCA 1980)
- State v. Ricano, 393 So. 2d 1136 (Fla. 3d DCA 1981)