THE STATE OF FLORIDA, APPELLANT,
v.
JAIME MARIANO MONGE, APPELLEE
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Florida's warrantless entry into an apartment was lawful because police lawfully accompanied a co-tenant in custody who requested to retrieve immigration documents, making the subsequent arrest and seizure of cocaine valid.
Police may lawfully accompany an arrested person into an apartment when the person requests entry to retrieve documents, and evidence discovered in plain view during such entry is admissible.
[1] Police may lawfully enter an apartment by accompanying an arrested co-tenant who requests to retrieve documents, and evidence discovered in plain view during such lawful…
Previewing 1 of 1 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“it is not 'unreasonable' under the Fourth Amendment for a police officer, as a matter of routine, to monitor the movements of an arrested person, as his judgment dictates, following the arrest.”
The court cited Washington v. Chrisman to establish that police may monitor arrested persons' movements to ensure safety and arrest integrity.
Police arrested Carlos Duque, a co-tenant of defendant Monge's apartment. At Duque's request, officers permitted him to return to the apartment to ret…
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PER CURIAM.
Although the parties have devoted considerable time and effort, here and below, in arguing whether the evidence supports the conclusion that Carlos Duque, the co-tenant with the defendant of the apartment which the police entered, consented to this entry, we find the entry to have been entirely lawful whether Duque consented to it or not. This is so because, as the defendant concedes, Duque was in the lawful custody of the police when, at his request, he was permitted to return to his apartment to retrieve documents showing his immigration status, thus enabling the officers to accompany Duque into his apartment without offending any right of Duque protected by the Fourth Amendment to the United States Constitution. As was held in the factually indistinguishable case of Washington v. Chrisman, 455 U.S. 1, 7, 102 S.Ct. 812, 817, 70 L.Ed.2d 778, 785 (1982) (footnote omitted):
“[i]t is not ‘unreasonable’ under the Fourth Amendment for a police officer, as a matter of routine, to monitor the movements of an arrested person, as his judgment dictates, following the arrest. The officer’s need to ensure his own safety — as well as the integrity of the arrest — -is compelling. Such surveillance is not an impermissible invasion of the privacy or personal liberty of an individual who has been arrested.”
The entry being lawful, as was therefore the subsequent arrest of the defendant upon discovery in plain view of a quantity of cocaine on a living room table, the court’s order suppressing additional cocaine found on the defendant’s person following his arrest is reversed and the cause remanded.
Reversed and remanded.
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Citator
Cited By
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Octavio Gomez v. State, 517 So. 2d 110 (Fla. 3d DCA 1987)…at his papers, which were improperly not on his person, were at home. This led, in immediate sequence, to a trip to the police station and then one to Gomez’s home in the company of an INS officer. There a search of the premises, see State v. Monge, 508 So. 2d 450 (Pla. 3d DCA 1987), revealed 35 kilos of cocaine located in a vehicle. On this appeal from a trafficking conviction entered after a nolo plea which reserved his right to challenge the denial of his motion to suppress the cocaine, Gomez’s primary con…
Authorities Cited
- Washington v. Chrisman, 455 U.S. 1 (U.S. 1982)