JULIO GALVEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's conviction is reversed because the warrantless search of his travel bag was not justified under any exception to the warrant requirement, including search incident to arrest or exigent circumstances.
A warrantless search of a travel bag cannot be justified as a search incident to lawful arrest without showing the bag was within the arrestee's immediate control, nor can it be justified by exigent circumstances when officers could have sealed the room and obtained a warrant.
[1] A search of a travel bag incident to arrest requires showing the bag was within the arrestee's immediate control under Chimel v. …
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Join FLexlaw to unlock all legal intelligenceAppellant was arrested and his travel bag was searched and seized without a warrant, yielding contraband.…
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OTT, Acting Chief Judge.
We reverse appellant’s conviction and sentence and remand for a new trial. Appellant’s motion to suppress evidence and admissions with respect to the search and seizure of his travel bag and contraband contained therein should have been granted. The search and seizure of appellant’s travel bag cannot be justified under any of the exceptions to the warrant requirement. See Hornblower v. State, 351 So. 2d 716 (Fla.1977). Specifically, the contested search and seizure cannot be justified as a search incident to lawful arrest because there was no showing that the bag was within the immediate control of appellant. Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969). Further, there were no exigent circumstances that would have prevented the officers from sealing the room and obtaining a search warrant. See Hornblower, 351 So. 2d at 718.
Appellant’s remaining point on appeal is without merit. The trial court correctly denied appellant’s motion to suppress evidence found as a result of the initial search and seizure, which was clearly justified under the “plain view” doctrine. See State v. Hall, 376 So. 2d 276, 278 (Fla. 3d DCA 1979).
Accordingly, appellant’s conviction and sentence are reversed and the cause is remanded to the trial court to conduct a new trial consistent with this opinion.
REVERSED and REMANDED.
SCHOONOVER and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Chimel v. California, 395 U.S. 752 (U.S. 1969)
- Hornblower v. State, 351 So. 2d 716 (Fla. 1977)
- Antonio Muina, M.D. v. Sheriff OF Gulf Cnty., 376 So. 2d 276 (Fla. 1st DCA 1979)