STATE OF FLORIDA, APPELLANT,
v.
PETER C. VANDERHORST, APPELLEE

Fla. 1st DCA | 1982-09-22
No. AK-45
McCORD and JOANOS, JJ., concur.
419 So. 2d 762 Florida District Court of Appeal, First District (1982) Caution
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

The State appealed a trial court's order suppressing evidence found in a lunchbox inside a vehicle. The appellate court affirmed, holding that the search was unlawful because the arrestee was not a recent occupant of the vehicle, rendering the search incident to arrest doctrine inapplicable.


Holding

The court held that the search of the vehicle and the lunchbox was unlawful. The Belton rule, which allows a search of the passenger compartment of a vehicle incident to a lawful custodial arrest of an occupant, does not apply when the arrestee is not a recent occupant of the vehicle.


Headnotes

[1] A warrantless search of a vehicle's passenger compartment and its contents is permissible as a contemporaneous incident of a lawful custodial arrest of the vehicle's occu…

[2] The justification for a warrantless search of a vehicle incident to arrest, based on the arrestee's ability to access weapons or destroy evidence, collapses when the arre…

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Key Quotes

“when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile ... [and] may also examine the contents of any containers found within the passenger compartment ....”

This quote from New York v. Belton outlines the rule the State argued should apply to validate the search.

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Facts & Procedural History

Peter Vanderhorst was arrested for driving while intoxicated after his car got stuck in the mud. Approximately two and a half hours after leaving his …

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Opinion of the Court
ERVIN, Judge.

ERVIN, Judge.

The state appeals the trial court’s order granting the defendant/appellee’s motion to suppress narcotic contraband seized from a lunchbox on the floor of appellee’s vehicle at the time of his arrest for driving while intoxicated. We affirm.

Appellee was arrested at 6:30 a. m. on December 1, 1981, at the scene of a minor one-car accident which occurred at approximately 4:00 a. m. when he swerved to avoid hitting a dog. As a result of appellee’s evasive action, his car became stuck in the mud, and appellee was forced to walk three miles to his home, returning later to the scene of the accident with a friend in the latter’s four-wheel drive vehicle. The two men were attaching a tow rope to the two vehicles when an officer of the Jacksonville Sheriff’s Office appeared on the scene. While questioning appellee, the officer observed that his speech and balance were impaired and that he smelled slightly of alcohol. A field sobriety test was administered, and its results led to appellee’s arrest for driving while intoxicated (DWI).

Ap-pellee was taken into custody and locked in the back of the officer’s patrol car. The officer then entered appellee’s automobile and conducted a search of its interior. Seeing on the floor a closed lunchbox, the officer opened it and found within it four white tablets believed by him to be quaaludes. No attempt was made to secure a search warrant prior to the search of the car, nor to obtain appellee’s consent. The car was locked, and appellee was permitted to leave it at the scene.1

Appellee was later charged in a single-count information with possession of methaqualone in violation of Sections 893.03(2)(c) and 893.13(1), (3), Florida Statutes (1981). No charge was filed as to the DWI arrest.2 Following a hearing on the motion to suppress, the trial court ordered the suppression.

Although the order does not state findings of fact or conclusions of law, appellant argued at the suppression hearing below and reiterates on appeal that New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), states a controlling rule of law that would validate the search as it recognizes that “when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile ... [and] may also examine the contents of any containers found within the passenger compartment ...." 453 U.S. at 460, 101 S.Ct. at 2864, 69 L.Ed.2d at 775 (e.s.).

We consider Belton to be inapplicable to the factual pattern before us in that Belton emphasizes that the area of the automobile which may be permissibly searched is the area within the immediate control of the arrestee. The Belton rule’s purpose was simply to extend the Chimel rule (Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969)) to automobiles.

Chimel’s justification for permitting an arresting officer to conduct a warrant-less search “of the arrestee’s person and the area within his immediate control” was to deter any attempt made by the arrestee to remove any weapons that he might use in order to effect his escape, as well as prevent the concealment or destruction of evidentiary items. 395 U.S. at 762-763, 89 S.Ct. 2034, at 2039-2040, 23 L.Ed.2d 685. Because Belton incorporated within its opinion that language from Chimel limiting the scope of an officer’s search which is reasonably incident to a lawful arrest, it follows that unless the arrestee was himself a recent occupant of the vehicle, the Belton rule has no applicability. See 453 U.S. at 457, 101 S.Ct. at 2862, 69 L.Ed.2d at 773. So, if the facts do not reveal that the arres-tee was a recent occupant, it is improper to extend the search beyond that of the “immediately surrounding area” of the person arrested.

Such is the situation here. The record discloses that appellant had not been within his ear for approximately two and one-half hours before he was taken into custody. Thus, as applied to the facts before us, the justification for the Belton/Chi-mel rationale collapses since there was simply no area within the automobile which the arrestee might reach in order to gain possession of a weapon or destructible evidence. Contrast the facts in Chapas v. State, 404 So. 2d 1102 (Fla. 2d DCA 1981), and State v. Zimmerman, 413 So. 2d 838 (Fla. 1st DCA 1982), where searches of vehicles were sustained in which the arrestees had been recent occupants.

Accordingly, we hold on the facts presented, consideration of the applicability of any “straight-forward, workable rule,” as espoused in Belton, is precluded here because appellee was not a recent occupant of the vehicle searched.

AFFIRMED.

McCORD and JOANOS, JJ., concur. . No issue of an inventory search was raised before the trial court.

. The validity of that arrest was not an issue before the trial court.


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Citator

Cited By

  • State v. McLENDON, 490 So. 2d 1308 (Fla. 1st DCA 1986)
    …upreme Court held that a lawful custodial arrest creates a situation which justifies a contemporaneous search without a warrant of the person arrested and the area within the immediate control of the arrestee. . This court, in State v. Vanderhorst, 419 So. 2d 762 (Fla. 1st DCA 1982), held that the driver of a vehicle who had vacated his vehicle for approximately two and one-half hours before being apprehended and taken into custody was not a recent occupant of the vehicle, and the warrant-less search of his…
  • Thomas v. State, 761 So. 2d 1010 (Fla. 1999)
    …n has been extended to a situation not contemplated by the Supreme Court in Belton. Rather, the Chimel factors of threat to officer safety or the necessity of preservation of evidence must be present to validate the search. In State v. Vanderhorst, 419 So. 2d 762 (Fla. 1st DCA 1982), the defendant was arrested for being intoxicated, and a subsequent search of his car revealed four quaaludes. The confrontation with the officer and the subsequent arrest and search were two-and-one-half hours after defendant’s…
  • Shaw v. State, 449 So. 2d 976 (Fla. 1st DCA 1984)
    …r case. 404 So. 2d at 1104. See also State v. Zimmerman, 413 So. 2d 838 (Fla.lst DCA 1982) (defendant handcuffed and inside police car at time of vehicle search); Patterson v. State, 402 So. 2d 1190 (Fla.5th DCA 1981); compare State v. Vanderhorst, 419 So. 2d 762 (Fla.1st DCA 1982) (facts did not reveal that arrestee was recent occupant of vehicle). The fact that George was the only one of the three who was under arrest at the time of the search does not make the search of the vehicle any less valid insofar…

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