STATE OF FLORIDA, APPELLANT,
v.
DEBORAH DARLENE FORBES, APPELLEE

Fla. 2d DCA | 1982-09-24
No. 81-1712
RYDER, A. C. J., and SCHOONOVER, J., concur.
419 So. 2d 782 Florida District Court of Appeal, Second District (1982) 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

The State appealed from the trial court's order suppressing evidence discovered during an inventory search of the defendant's purse at the jail booking. The appellate court reversed, holding that an inventory search of a purse as part of standard booking procedures following a lawful arrest does not violate the Fourth Amendment and does not require a warrant.


Holding

The court held that an inventory search of personal effects, including a purse, conducted as part of standard police booking procedures following a lawful arrest is a recognized exception to the warrant requirement and does not violate the Fourth Amendment. The evidence was properly admissible because the search was not pretextual and followed standard inventory procedures.


Headnotes

[1] An inventory search of an arrestee's personal effects, including a purse, is a recognized exception to the warrant requirement when conducted in accordance with standard…

[2] Evidence discovered during a lawful inventory search conducted as part of standard booking procedures following a lawful arrest is admissible.

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Key Quotes

“An inventory search is a recognized exception to the requirement of a warrant as long as it is conducted in accordance with standard police procedure. Where such a search is used as a pretext to seize evidence illegally, that evidence will be suppressed.”

Establishes the legal standard for inventory searches and the pretextual search exception.

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Facts & Procedural History

Officer Godbee arrested Deborah Forbes for petit theft from a Goodwill box. At the police station, Deputy Sheriff Myers conducted a standard inventory…

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

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Opinion of the Court
DANAHY, Judge.

DANAHY, Judge.

The state appeals from an order of the trial court granting Deborah Forbes’ motion to suppress evidence. We reverse. Two law enforcement officers testified at the suppression hearing. Officer Godbee testified that he arrested Forbes for petit theft of certain articles from a Goodwill box. At the time of arrest, Forbes’ purse was in the front seat passenger side of her vehicle. Officer Godbee removed the purse and carried it with him as he took Forbes to the police station.

At the station, Officer Godbee placed the purse on a table in the booking room and then watched Deputy Sheriff Myers inventory its contents. As part of the standard inventory procedure for the Highlands County Jail, Myers examined the purse to remove and secure valuables and to prevent contraband from entering the jail. He asked Forbes if she had any valuables in her purse, and she said that she had money in her wallet. Myers removed the wallet and asked her if the purse contained any other valuables, and she said “no.” Still following standard inventory procedures, Myers continued to remove and examine the contents of the purse. When he found a small gray purse inside this larger purse, he unzipped it and discovered marijuana and quaaludes. As a result, the state charged Forbes with possession of controlled substances as well as petit theft.

An inventory search is a recognized exception to the requirement of a warrant as long as it is conducted in accordance with standard police procedure. Where such a search is used as a pretext to seize evidence illegally, that evidence will be suppressed. Hicks v. State, 398 So. 2d 1008 (Fla. 1st DCA 1981). Here, unlike Hicks, the record discloses nothing indicating a pretextual search proscribed by the fourth amendment.

In Carl v. State, 160 Ga.App. 464, 287 S.E. 2d 379 (Ct.App.Ga.1981), the police arrested Angela Carl following an automobile accident. Once at the station, the police inventoried her purse in accordance with standard police booking procedures. During this inventory, the officer opened a wallet inside the purse and discovered a quaalude pill. The court concluded that “the police were not conducting a search, but were following standard inventory procedures, as they were required to do by police rules.” 160 Ga.App. at 465, 287 S.E. 2d at 380.

The facts in the instant case are remarkably similar to those in Carl. Clearly, once a person is lawfully arrested and taken into custody, the police may, as part of their standard booking procedure, inventory the arrested party’s personal effects and remove evidence discovered during the course of this examination. United States v. Rega, 496 F.Supp. 101 (S.D.N.Y.1980). See also State v. Brown, 291 Or. 642, 634 P. 2d 212 (1981); State v. Hawkins, 7 Wash.App. 688, 502 P. 2d 464 (Wash.Ct.App.1972).

An individual’s personal effects have been defined to include a wallet, United States v. Ziller, 623 F. 2d 562 (9th Cir. 1980), and, more important for our purposes, a woman’s purse, Stewart v. State, 611 S.W. 2d 434 (Tex.Cr.App.1981); Rega, supra. As the Stewart court noted, “As a matter of common usage, a purse is an item carried on an individual’s person in the sense that a wallet or items found in pockets are . .. . ” 611 S.W. 2d at 438.

Accordingly, because Deputy Myers discovered the contraband in the purse while conducting a standard inventory search as part of the booking proceedings of an arrestee, the trial court erred in granting the motion to suppress.

REVERSED.

RYDER, A. C. J., and SCHOONOVER, J., concur.


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Citator

Cited By

  • Taylor v. State, 855 So. 2d 1 (Fla. 2003)
    …nally, because Taylor’s arrest was not illegal, we conclude that Taylor’s clothing, which later linked him to the victim, was taken in a valid inventory search incident to a lawful arrest for the burglary of Chip Yelton’s truck. See State v. Forbes, 419 So. 2d 782, 783 (Fla. 2d DCA 1982) (“An inventory search is a recognized exception to the requirement of a warrant as long as it is conducted in accordance with standard police procedure. Where such a search is used as a pretext to seize evidence illegally, th…
  • State v. Barth, 434 So. 2d 19 (Fla. 2d DCA 1983)
    …369 (Fla. 2d DCA 1981); see also Jenkins v. State, 426 So. 2d 1305 (Fla. 2d DCA 1983). The arrest in this case was lawful. The second exception concerns an inventory search conducted in accordance with standard police procedure. See State v. Forbes, 419 So. 2d 782 (Fla. 2d DCA 1982). The search in this case was pursuant to such procedure. We find that under the facts of this case and the principles expressed in the foregoing authorities, the trial court erred in granting defendant’s motion to suppress. REVE…
  • Mayhew v. State, 452 So. 2d 1134 (Fla. 2d DCA 1984)
    …the right to appeal the trial court’s denial of her motion to suppress. [*1135] We find that the inventory search of defendant’s purse, which yielded the contraband, was proper. See State v. Barth, 434 So. 2d 19 (Fla. 2d DCA 1983); State v. Forbes, 419 So. 2d 782 (Fla. 2d DCA 1982). Accordingly, we reject the points raised by defendant. Judgment and sentence affirmed. SCHEB, A.C.J., and CAMPBELL and LEHAN, JJ., concur.…

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