THE STATE OF FLORIDA, APPELLANT,
v.
JULIO VALDES, A/K/A JULIO VALDEZ, APPELLEE
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Florida's appellate court reversed the suppression of a firearm found during a search of the defendant's vehicle incident to his lawful DUI arrest, holding that the search was justified as a contemporaneous incident of custodial arrest regardless of the defendant's removal from the vehicle.
A search of a vehicle's passenger compartment and its contents is justified as a contemporaneous incident of a lawful custodial arrest of the vehicle's recent occupant, even after the defendant has been removed from the vehicle.
[1] A search of a vehicle's passenger compartment conducted as a contemporaneous incident to a lawful custodial arrest is valid even after the arrestee has been removed from…
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Join FLexlaw to unlock all legal intelligence“the search of the passenger compartment of the vehicle, and the examination of the contents of any containers found therein, were justified as contemporaneous incidents of the lawful custodial arrest of the defendant, a recent occupant of the vehicle, notwithstanding the defendant's removal therefrom”
The court's holding on the validity of the vehicle search despite the defendant's removal from the vehicle.
Valdes was lawfully arrested for driving under the influence. He was removed from his vehicle, searched, and placed in a police cruiser. Within two or…
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DANIEL S. PEARSON, Judge.
This is the State’s appeal from a trial court order suppressing a firearm seized from Valdes’s automobile. The defendant was lawfully arrested for driving under the influence of an intoxicating liquor. He was removed from his vehicle, searched and placed in the back seat of the nearby police cruiser, and the passenger compartment of his vehicle searched. Two or three minutes elapsed from the time the vehicle was stopped to the time the firearm was found therein.
We reverse the order under review upon a holding that (1) the search of the passenger compartment of the vehicle, and the examination of the contents of any containers found therein, were justified as contemporaneous incidents of the lawful custodial arrest of the defendant, a recent occupant of the vehicle, notwithstanding the defendant’s removal therefrom, New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); State v. Allen, 407 So. 2d 369 (Fla. 2d DCA 1981); Chapas v. State, 404 So. 2d 1102 (Fla. 2d DCA 1981); and (2) contrary to the trial court’s belief, the validity of the search as incident to the arrest is unaffected by the fact that the police officers classified their actions as an inventory search, cf. Thomas v. State, 395 So. 2d 280 (Fla. 3d DCA 1981) (where, by objective standards, probable cause to arrest for a certain offense exists, the validity of an arrest does not turn on the fact that an arguably unsupportable arrest was made on another charge).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (21 total)
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State v. Wilfredo Navarro and Roerme Navarro, 464 So. 2d 137 (Fla. 3d DCA 1984)….Ct. 2860, 69 L.Ed.2d 768 (1981); Savoie v. State, 422 So. 2d 308 (Fla.1982); Bond v. State, 431 So. 2d 343 (Fla. 2d DCA 1983); State v. Brock, 426 So. 2d 1287 (Fla. 1st DCA 1983); State v. Padron, 425 So. 2d 644 (Fla. 3d DCA 1983); State v. Valdes, 423 So. 2d 944 (Fla. 3d DCA 1982), the search of the vehicle which revealed a nine-millimeter MAC-10 and another nine-millimeter [*140] Browning was lawful, even if, as the trial court found, it was non-consensual. Accordingly, I would reverse the order suppressi…
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Lothar Sommer v. State, 465 So. 2d 1339 (Fla. 5th DCA 1985)…he ruling; the protestations of the dissent notwithstanding. [*1344] This search can be justified as a search incident to arrest. The fact that the search has been justified as an inventory search does not affect the validity of it. State v. Valdes, 423 So. 2d 944 (Fla. 3d DCA 1982). The officer lawfully arrested appellant under the Ft. Lauderdale warrant and appellant was an occupant of the vehicle when he was arrested. New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), reh. den., 453…
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Padron v. State, 449 So. 2d 811 (Fla. 1984)…ident to arrest.4 The district court reasoned that “the validity of the search as incident to the arrest is unaffected by the fact that the police officers classified their actions as an inventory search.” 425 So. 2d at 645 (quoting State v. Valdes, 423 So. 2d 944, 944 (Fla. 3d DCA 1982)). This reasoning comports with the holding of the United States Supreme Court “that the fact that the officer does not have the state of mind which is hypoth-ecated by the reasons which provide the legal justification for the…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- New York v. Belton, 453 U.S. 454 (U.S. 1981)
- Thomas v. State, 395 So. 2d 280 (Fla. 3d DCA 1981)
- Vince Alan Chapas v. State, 404 So. 2d 1102 (Fla. 2d DCA 1981)
- State v. Allen, 407 So. 2d 369 (Fla. 2d DCA 1981)