JOSEPH A. MERCIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1991-05-08
No. 89-02562
CAMPBELL, A.C.J., and PATTERSON, J., concur.
579 So. 2d 308 Florida District Court of Appeal, Second District (1991) Positive Treatment
Cited by 10 cases

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Synopsis

Joseph Mercier pleaded no contest to drug charges while reserving the right to appeal the denial of his motion to suppress evidence obtained from his home. The Florida appellate court affirmed the denial of the suppression motion, holding that evidence seized pursuant to a valid search warrant based on information known before police made a warrantless entry was admissible under the independent source doctrine, even though the warrantless entry itself may have been unconstitutional.


Holding

The evidence was admissible because it was seized pursuant to a valid search warrant based on an independent source—facts known to police before the warrantless entry. The court held that under Segura v. United States, evidence obtained via a valid warrant that is wholly unrelated to an illegal entry is not tainted by the illegal entry and need not be suppressed.


Headnotes

[1] Evidence seized pursuant to a valid search warrant, based on information known to police before an illegal entry and wholly unrelated to that entry, is not tainted by the…

[2] A search warrant's factual basis can constitute an independent source for the discovery and seizure of evidence, thereby purging it of any taint from a prior illegal entr…

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Key Quotes

“Having been seized under a warrant with a basis independent of the entry, the evidence was admissible.”

Establishes the core holding that an independent source doctrine applies when the search warrant was based on pre-entry information

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Facts & Procedural History

Police arrested one of Mercier's regular cocaine buyers after providing him $2,100 in xeroxed bills to purchase two ounces of cocaine from Mercier's a…

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Opinion of the Court
THREADGILL, Judge.

THREADGILL, Judge.

Joseph A. Mercier pleaded no contest to conspiracy to sell 200 to 400 grams of cocaine, possession of 200 to 400 grams of cocaine, possession of under 20 grams of marijuana, and possession of drug paraphernalia, reserving his right to appeal the denial of his motion to suppress. The appellant contends that the evidence seized by the police should have been suppressed because it was obtained as a result of an unreasonable warrantless entry into his home pending receipt of a search warrant. We affirm the judgment because there was an independent source for the warrant which purged the evidence of any taint from the warrantless entry.

Police entered and occupied the appellant’s home for fifteen hours while they waited for a search warrant. Upon execution of the warrant, they found the incriminating evidence and arrested the appellant.

The appellant contends that the seizure of his residence was unreasonable because the state failed to demonstrate the existence of exigent circumstances justifying the warrantless entry. Warrantless seizures are per se unreasonable unless they fall within certain well-defined and established exceptions to the warrant requirement. United States v. Perdomo, 800 F. 2d 916, 918 (9th Cir.1986). A war-rantless entry must be justified by probable cause and exigent circumstances. United States v. Burgos, 720 F. 2d 1520, 1525 (11th Cir.1983).

The appellant does not contest the existence of probable cause for the issuance of the warrant and the resulting seizure of the contraband. The appellant had been the target of a year long police investigation into his drug dealing activities, and the police had ample probable cause to believe he was trafficking in cocaine. Immediately before entering the appellant’s home police arrested one of the appellant’s regular buyers for possession of two ounces of cocaine. An undercover police officer had given the buyer $2,100, in xeroxed bills to purchase two ounces of cocaine. The buyer was surveilled as he went directly to the appellant’s apartment and back to the undercover officer with the cocaine and without the money.

The state relied upon the arrest of a woman in the appellant’s front yard for the existence of exigent circumstances. As the regular buyer was being arrested by the undercover agent, a woman unexpectedly drove up to the appellant’s apartment and went inside. She returned to her car ten minutes later. A uniformed surveillance officer approached her, and she tossed a baggie of cocaine behind her. She was arrested and, fearing that the appellant had seen the arrest, police decided to enter his home without a warrant.

We need not determine whether these circumstances constitute exigent circumstances which together with the acknowledged probable cause would justify the warrantless entry because probable cause and exigent circumstances are not relevant to the admissibility of the challenged evidence. Having been seized under a warrant with a basis independent of the entry, the evidence was admissible. See Segura v. United States, 468 U.S. 796, 813-814, 104 S.Ct. 3380, 3389-3390, 82 L.Ed.2d 599 (1984).

In Segura, the Supreme Court held that evidence seized pursuant to a valid search warrant which is based on information known to police before the illegal entry and which is wholly unrelated to the entry is not tainted. Id. The search warrant in the appellant’s case contained facts known to police before the initial entry, and no information obtained during the entry and occupation of the residence was needed or used to secure the warrant. Thus, the factual basis for the warrant constituted an independent source for the discovery and seizure of the evidence and purged it of any taint. Id.

Notwithstanding the foregoing, we reaffirm that a warrantless entry in the absence of exigent circumstances is still illegal. Segura, 468 U.S. at 812, 104 S.Ct. at 3389. Although the exclusionary evidence rule may not be invoked to deter illegal police conduct where there is an independent source for incriminating evidence, officers expose themselves to potential civil liability under 42 U.S.C. section 1983 when they enter without exigent circumstances. See id.; Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).

Affirmed.

CAMPBELL, A.C.J., and PATTERSON, J., concur.


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Citator

Cited By

  • State v. Ojeda, 147 So. 3d 53 (Fla. 3d DCA 2014)
    …eption is the existence of exigent circumstances. Id. A warrantless entry, therefore, may be justified where there exists both probable cause and exigent circumstances. United States v. Burgos, 720 F. 2d 1520, 1525 (11th Cir.1983); Mercier v. State, 579 So. 2d 308, 309 (Fla. 2d DCA 1991) (“A warrantless entry must be justified by probable cause and exigent circumstances.”). In the present case, the warrantless entry was lawful, as it was based on probable cause and exigent circumstances. The officers had law…
    1 / 2
  • State v. Hood, 68 So. 3d 392 (Fla. 2d DCA 2011)
    …fficers’ observations could not properly be used to support a search warrant. The court also noted that it believed that Joyner’s observations provided a substantial basis for concluding that probable cause existed. But, relying on Mercier v. State, 579 So. 2d 308 (Fla. 2d DCA 1991), and Segura v. U.S., 468 U.S. 796, 104 S.Ct. 3380, 82 L.Ed.2d 599 (1984), the court ultimately found that these independent facts could not form the basis for the warrant because the officers’ observations made during the unlawful…
  • Barth v. State, 955 So. 2d 1115 (Fla. 2d DCA 2006)
    …, a warrant-less search of a home is presumptively unreasonable and a violation of the Fourth Amendment, unless the search falls within certain recognized constitutional exceptions. Seibert v. State, 923 So. 2d 460, 468 (Fla.2006); Mercier v. State, 579 So. 2d 308, 309 (Fla. 2d DCA 1991). One of the recognized exceptions is exigent circumstances. Seibert, 923 So. 2d at 468; Lee v. State, 856 So. 2d 1133, 1137 (Fla. 1st DCA 2003); United States v. Burgos, 720 F. 2d 1520, 1525 (11th Cir.1983). Whether exigent…

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