STATE OF FLORIDA, APPELLANT,
v.
WILLIE JAMES WARREN, APPELLEE
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.
The State appeals the suppression of a firearm found during a search incident to arrest. The court reverses, holding that the search was lawful both as a search incident to a valid arrest for driving with a suspended license and based on probable cause for an unreported robbery.
The court held that the search was lawful as a search incident to arrest for the suspended license violation. Additionally, the court noted that the officer had probable cause to arrest Warren and search the vehicle for the reported robbery, which independently justified the seizure of the firearm.
[1] A search incident to a lawful arrest permits the seizure of evidence found in the immediate area around the arrestee.
[2] Driving with a suspended license is a violation that justifies an arrest.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A search of the immediate area around the arrestee is permitted when incident to arrest.”
Establishes the legal standard for searches incident to arrest that permits search of the vehicle area.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOfficer Peck was flagged down at 4:00 A.M. by a woman he knew to be a prostitute who reported that Warren had robbed her of $250. Peck had seen Warren…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Concealed Firearm cases and more on FLexlaw
DAUKSCH, Judge.
This is an appeal from an order suppressing evidence. Appellee was arrested for carrying a concealed firearm and it was the firearm which was suppressed.
The testimony in this matter is short and somewhat conflicting. That is explained by the fact that the testimony available to the trial judge, so far as our record reveals, was in the form of a deposition attended only by the defense attorney and the policeman. Although apparently notified of the taking, the prosecution did not attend, however, the record does reveal the basis for the search and reversal of the order. At 4:00 A.M. Officer Peck was flagged down by a woman he knew to be a prostitute who told him appellee Warren had robbed her of $250.00. Peck had seen Warren’s car leaving the woman and knew it was Warren’s car at that time. After she told him Warren had robbed her, Peck went after Warren and stopped him. Peck requested a computer check on Warren’s driver license and determined it had been suspended so he arrested him for driving on a suspended license or driving without a valid license (the testimony varies) and searched underneath the seat and found the firearm. A violation of Section 322.34, Florida Statutes (1983) calls for an arrest. A search of the immediate area around the arrestee is permitted when incident to arrest. A firearm under the seat but not visible from outside is a concealed weapon. Savoie v. State, 422 So. 2d 308 (Fla.1982); State v. Bowlin, 435 So. 2d 986 (Fla. 4th DCA 1983); State v. Valdes, 423 So. 2d 944 (Fla. 3d DCA 1982). See also, New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981).
The order granting the motion to suppress was error because the search was a lawful search incident to arrest. Although not mentioned by the parties, it is noted the officer also had probable cause to arrest appellee and seize the car and its contents for the reported robbery. That too justifies the search and seizure of the firearm. The order suppressing the evidence is reversed and this cause remanded for trial.
REVERSED and REMANDED.
ORFINGER, C.J., and FRANK D. UP-CHURCH, Jr., J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Gomez, 508 So. 2d 784 (Fla. 5th DCA 1987)…5th DCA 1985); State v. Patel, 453 So. 2d 218 (Fla. 5th DCA 1984); State v. Raulerson, 403 So. 2d 1102 (Fla. 5th DCA 1981); State v. Green, 400 So. 2d 1322 (Fla. 5th DCA 1981). . State v. Poole, 496 So. 2d 224 (Fla. 5th DCA 1986); State v. Warren, 450 So. 2d 1249 (Fla. 5th DCA 1984).…
-
Lautieri v. State, 522 So. 2d 1034 (Fla. 3d DCA 1988)…PER CURIAM. Affirmed. Fla.R.Crim.P. 3.190(d); see Ensor v. State, 403 So. 2d 349 (Fla.1981); State v. Warren, 450 So. 2d 1249 (Fla. 5th DCA 1984).…
-
State v. Jordan, 590 So. 2d 1118 (Fla. 4th DCA 1991)…driver’s license (it had been suspended), automobile registration, proof of insurance, or identification. Driving without a valid operator’s license is a violation of section 322.34, Florida Statutes (1989), and justifies an arrest. State v. Warren, 450 So. 2d 1249 (Fla. 5th DCA 1984). Both officers testified that Jordan was arrested for driving without a valid operator’s license and was then searched by Torres. This was a search incident to & lawful arrest. See New York v. Belton, 453 U.S. 454, 101 S.Ct. 286…
Authorities Cited
- New York v. Belton, 453 U.S. 454 (U.S. 1981)
- THE Florida BAR v. Schell, 422 So. 2d 308 (Fla. 1982)
- State v. Valdes, 423 So. 2d 944 (Fla. 3d DCA 1982)
- State v. Bowlin, 435 So. 2d 986 (Fla. 4th DCA 1983)