STATE OF FLORIDA, APPELLANT,
v.
LEWIS SOWERS, APPELLEE
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Florida's appellate court reversed a suppression order, holding that an officer's use of a flashlight to observe drug paraphernalia in a vehicle provided probable cause for arrest without violating the Fourth Amendment.
An officer's use of a flashlight to observe a plastic box containing white powder and a straw in a vehicle parked in a bar lot provided probable cause for arrest without infringing Fourth Amendment rights.
[1] An officer's use of a flashlight to illuminate the interior of a vehicle does not violate the Fourth Amendment when the officer has reasonable suspicion that criminal act…
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Join FLexlaw to unlock all legal intelligenceAn officer observed a car parked in a bar parking lot with two occupants appearing to manipulate the dashboard. Unable to see clearly due to window ti…
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PER CURIAM.
The state appeals an order suppressing drugs and drug paraphernalia. We reverse.
With the consent of the parties, the trial court utilized the arresting officer’s probable cause affidavit in lieu of live testimony. The officer observed appellee’s car parked in a bar parking lot with two persons inside. They “appeared to be doing something to the dashboard,” but the window tinting obscured the officer’s view. Suspecting a theft or other crime might be in progress, the officer shined his flashlight into the vehicle. He then observed “a plastic box with a white powder in it” sitting on the center console, as well as “a small drinking type straw.” Believing this to be cocaine, and the straw “used to inhale it,” the officer announced his presence and opened the driver's side door. Appellee grabbed the plastic box and tried to conceal it. A subsequent search produced an additional baggie of white powder, a razor blade with powder on it, and a marijuana cigarette.
The use of the flashlight, under these circumstances, infringes upon no Fourth Amendment rights. State v. Starke, 550 So. 2d 547 (Fla. 2d DCA 1989); State v. Ecker, 550 So. 2d 545 (Fla. 2d DCA 1989). Once he had shined the light, and observed the box, powder, and straw, the officer had probable cause to arrest. See, e.g., State v. Hall, 376 So. 2d 276 (Fla. 3d DCA 1979), cert. denied, 386 So. 2d 637 (Fla.1980). At the very least, the officer had reasonable grounds for further investigation, which escalated to probable cause once appellee tried to hide the box.
Reversed.
THREADGILL, A.C.J., and PARKER and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ulysses R. Williams v. State, 640 So. 2d 1206 (Fla. 2d DCA 1994)…onclude that there was sufficient probable cause to arrest Williams for possession of marijuana. As clearly demonstrated by the evidence, this contraband was located in plain view on the backseat where Williams had been sitting. See State v. Sowers, 571 So. 2d 11 (Fla. 2d DCA 1990); Shannon v. State, 320 So. 2d 855 (Fla. 1st DCA 1975), rev’d on other grounds, 335 So. 2d 5 (Fla.1976). Finally, we reject Williams’ concluso-ry argument that the subsequent search of his person at the county jail that allegedly…
Authorities Cited
- Antonio Muina, M.D. v. Sheriff OF Gulf Cnty., 376 So. 2d 276 (Fla. 1st DCA 1979)
- State v. Ecker, 550 So. 2d 545 (Fla. 2d DCA 1989)
- State v. Starke, 550 So. 2d 547 (Fla. 2d DCA 1989)