STATE OF FLORIDA, APPELLANT,
v.
JESSE CASEY, APPELLEE

Fla. 1st DCA | 1988-07-21
No. 87-552
NIMMONS, J., concurs., BARFIELD, J., dissents with opinion.
528 So. 2d 1264 Florida District Court of Appeal, First District (1988) Caution
Cited by 16 cases

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Synopsis

The State of Florida appealed a trial court order suppressing evidence obtained from a search of Jesse Casey. The appellate court reversed, holding that a police officer had probable cause to seize a plastic bag observed protruding from Casey's pocket based on the totality of circumstances, including the high-crime area, Casey's nervous behavior, and the officer's knowledge that narcotics are commonly packaged in plastic bags.


Holding

The court held that under the totality of circumstances, the officer had sufficient probable cause to seize the plastic bag and arrest Casey. An innocuous item in plain view can be seized if additional circumstances provide probable cause to believe it contains contraband, and the officer's knowledge and experience must be considered in context.


Headnotes

[1] Probable cause to seize an item in plain view exists when additional circumstances provide a reasonable belief that the item contains contraband.

[2] An officer's knowledge and experience are relevant factors in determining probable cause under the totality of the circumstances.

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Key Quotes

“An innocuous item in plain view can be seized if additional circumstances are present which provide sufficient probable cause to believe that it contains contraband.”

Establishes the legal standard that an officer may seize an innocent-looking item if the totality of circumstances provides probable cause to believe it contains contraband.

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Facts & Procedural History

On January 14, 1987, Officer Stoll observed Casey and two companions in an area known for narcotic transactions. When the officer approached, Casey's …

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Opinion of the Court
THOMPSON, Judge.

THOMPSON, Judge.

The State of Florida appeals an order granting appellee’s motion to suppress, arguing that the lower court erred in finding that the police officer did not have probable cause to search appellee. We agree that the trial court erred, and reverse.

The undisputed evidence adduced at the suppression hearing established that on January 14, 1987 at approximately 10:00 p.m. Officer Howard Stoll observed appel-lee and two other men standing by the street. The area Officer Stoll was patrolling is well known to the police to be commonly used for narcotic transactions. Officer Stoll was in plain clothes, but appellee knew him to be a police officer. As the officer approached appellee, his two companions ran away and appellee, appearing very startled, tried to quickly shove a plastic bag into his pocket. Officer Stoll could see about two inches of the plastic bag sticking out of appellee’s pocket, but could not see the contents of the bag. He knew, however, based on his experience, that plastic bags are the most common way to package narcotics. Officer Stoll testified that he has never recovered a plastic bag from anyone in the area which contained an innocuous item such as a sandwich. He also stated that it is very common for individuals who are being approached in the area to either try to destroy the evidence, to run away with it, or to throw it away as they run. The officer seized the bag and observing that it contained a substance he believed to be cannabis, placed appellee under arrest and advised him of his rights. When he searched appellee he found two pieces of crack cocaine in his pants pocket and found a large razor on a nearby wall which appellee admitted belonged to him. The substance in the plastic bag subsequently was shown to not be cannabis. Appellee was charged with possession of cocaine with intent to sell and possession of paraphernalia.

In support of his motion to suppress the cocaine and razor, appellee argued that Officer Stoll did not have probable cause to conduct the search which resulted in the seizure of the plastic bag. Therefore, appellee argued, the resulting arrest and search incident to arrest which yielded the cocaine and paraphernalia were illegal. Appellee also argued that the plastic bag could not be considered to have been in “plain view” because Officer Stoll observed only the bag itself and not its contents, and that therefore no probable cause existed to believe the bag contained contraband. The lower court apparently agreed, and granted appellee’s motion to suppress.

Under the totality of the circumstances, Officer Stoll had sufficient probable cause to seize the plastic bag and arrest appellee. The fact that the plastic bag protruding from appellee’s pocket was innocuous of itself is not dispositive. P.L.R. v. State, 455 So. 2d 363 (Fla.1984) cert. denied 469 U.S. 1220, 105 S.Ct. 1206, 84 L.Ed. 2d 349 (1985). An innocuous item in plain view can be seized if additional circumstances are present which provide sufficient probable cause to believe that it contains contraband. State v. Ellison, 455 So. 2d 424, 428-429 (Fla. 2d DCA 1984). Officer Stoll’s knowledge and experience must be considered in the context of the situation as it existed at the time. Id. at 430-431. In the instant case appellee was observed in an area known for a high incidence of narcotic transactions. When Officer Stoll approached appellee, appellee appeared very startled and his two companions fled. Officer Stoll observed appellee quickly shove an item into his pocket, and saw two inches of a plastic bag protruding from appellee’s pocket. Based on his knowledge and experience, Officer Stoll knew that the area was commonly used for narcotic transactions, that participants in such transactions commonly flee from ap proaching officers and discard the narcotics, and that narcotics are commonly packaged in plastic bags. Under P.L.R. v. State, these circumstances provided sufficient probable cause to search appellee and seize the bag, despite Officer Stoll’s inability to observe its contents. The subsequent arrest and search incident to arrest were therefore proper, and the cocaine and paraphernalia recovered should not have been suppressed.

Accordingly, the order granting appel-lee’s motion to suppress is REVERSED.

NIMMONS, J., concurs.

BARFIELD, J., dissents with opinion.

Dissent
BARFIELD, Judge,

BARFIELD, Judge,

dissenting:

I must dissent. The trial judge received and considered the evidence, after which he concluded that the police officers had no more than a mere suspicion. For this court to review that same evidence without the benefit of the witnesses’ presence and reach a different conclusion is to remove the vital discretionary and fact-finding function from the trial judge. Rather than remove this responsibility from the trial judge, we should jealously guard it. Overturning such a determination by the trial judge should be done only when there is a clear abuse of discretion.

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Citator

Cited By

  • Elliott v. State, 597 So. 2d 916 (Fla. 4th DCA 1992)
    …patted him down and removed the plastic baggie from his pocket. The baggie contained a quantity of cocaine. The detective testified that plastic baggies are commonly used to package crack cocaine. This case is remarkably similar to State v. Casey, 528 So. 2d 1264 (Fla. 1st DCA 1988). In that case an officer came upon a group including the defendant, whom he knew, in a known drug area. As the officer approached, defendant’s two companions fled and the defendant, acting very startled tried quickly to shove a p…
  • Bryant v. State, 577 So. 2d 1372 (Fla. 1st DCA 1991)
    …State v. Ellison, supra, an officer was allowed to consider that the area was a place frequently used for narcotics transactions, and that drugs were customarily packaged and sold in plastic bags containing tin foil packages. And in State v. Casey, 528 So. 2d 1264 (Fla. 1st DCA 1988), this court approved a finding of probable cause where the officer seized a plastic bag which he saw protruding from the defendant’s pocket, in an area known for drug transactions, where the defendant was visibly nervous and quic…
  • State v. Stregare, 576 So. 2d 790 (Fla. 2d DCA 1991)
    …ed for street-level narcotics transactions and that the type of packaging was consistent with the way narcotics are commonly packaged and sold. This court found probable cause to believe that the package contained narcotics. See also State v. Casey, 528 So. 2d 1264 (Fla. 1st DCA 1988) (probable cause based on the following facts: narcotics area; defendant looked startled; plastic bag sticking out of pocket; officer knew plastic bags were commonly used to package narcotics); Skelton v. State, 349 So. 2d 193 (Fl…

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