THE STATE OF FLORIDA, APPELLANT,
v.
LESLIE T. MERRITT, APPELLEE
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The court held that the search of the defendant was reasonable under the airport security checkpoint exception to the search warrant requirement.
Police seized cocaine from the defendant's person at an airport security checkpoint after observing a large bulge. A detective conducted a pat-down se…
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PER CURIAM.
The State of Florida appeals a trial court order suppressing a quantity of cocaine seized by the police from the defendant’s person at the Miami International Airport. We reverse the order under review upon a holding that the search was reasonable under the Fourth Amendment to the United States Constitution and Article I, Section 12 of the Florida Constitution based on the airport security checkpoint exception to the search warrant requirement rule established in Shapiro v. State, 390 So. 2d 344 (Fla.1980), cert, denied, 450 U.S. 982, 101 S.Ct. 1519, 67 L.Ed.2d 818 (1981).
We reach this result based on the authority of State v. Simpson, 443 So. 2d 209 (Fla. 3d DCA 1983), which reversed a trial court suppression order on facts indistinguishable from the instant case. In Simpson, as here, (1) the defendant, an air traveler, displayed a large bulge on his person1 after clearing the airport checkpoint security area, and (2) a narcotics detective thereafter conducted a pat-down search of the defendant’s bulge in the immediate area past the said checkpoint for the dual purpose of (a) discovering weapons or explosives so as to protect the safety of the air traveling public, and (b) discovering narcotics. We reversed a trial court order of suppression and upheld the pat-down search in Simpson under the airport security checkpoint exception to the search warrant requirement rule; accordingly, we must do the same in this case.
Reversed and remanded.
. In Simpson, the large bulge consisted of two such bulges around both of the defendant’s ankles; in the instant case, the large bulge was in the area of defendant’s crotch, giving the appearance that the defendant had two penises.
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State v. Gorman, 518 So. 2d 934 (Fla. 3d DCA 1987)…PER CURIAM. Reversed and remanded on authority of State v. Merritt, 519 So. 2d 36 (Fla. 3d DCA 1987).…
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State v. Maritza Altaerracia Baez, 530 So. 2d 405 (Fla. 3d DCA 1988)…k an airplane.” 390 So. 2d at 347. The post-Shapiro cases in the District Courts of Appeal have consistently upheld airport security checkpoint searches of air travelers and their carry-on luggage in a variety of factual contexts. State v. Merritt, 519 So. 2d 36 (Fla. 3d DCA 1987) (search' of person), rev. denied, 525 So. 2d 879 (Fla.1988); State v. Perez, 509 So. 2d 1287 (Fla. 3d DCA 1987) (search of person); State v. Simpson, 443 So. 2d 209 (Fla. 3d DCA 1983) (search of person); State v. Campanponi, 424 S…
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Buchanan v. State, 552 So. 2d 1154 (Fla. 3d DCA 1989)…PER CURIAM. Affirmed. State v. Merritt, 519 So. 2d 36 (Fla. 3d DCA 1988).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shapiro v. State, 390 So. 2d 344 (Fla. 1980)
- Hanigan v. United States, 450 U.S. 982 (U.S. 1981)
- Spencer v. Howe Richardson Scale Co., 450 U.S. 982 (U.S. 1981)
- State v. Simpson, 443 So. 2d 209 (Fla. 3d DCA 1983)