STATE OF FLORIDA, APPELLANT,
v.
ALEXANDER WYNN, APPELLEE

Fla. 2d DCA | 1993-09-10
No. 92-02446
RYDER, A.C.J., and BLUE, J., concur.
623 So. 2d 848 Florida District Court of Appeal, Second District (1993) Caution
Cited by 9 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Florida appeals a trial court's order suppressing cocaine found in a truck. The appellate court reversed, holding that the defendant abandoned his truck by leaving it unlocked and unattended in an illegal parking spot while fleeing from police, thereby eliminating any expectation of privacy and permitting the search.


Holding

The search was legal because Wynn voluntarily abandoned the truck by leaving it unlocked, illegally parked, and departing without explanation while officers were present. Once abandoned, Wynn had no expectation of privacy in the vehicle, permitting officers to search it.


Headnotes

[1] A search of a vehicle is permissible when the driver voluntarily abandons the vehicle, thereby relinquishing any expectation of privacy.

[2] The smell of marijuana emanating from a vehicle can provide probable cause to search the vehicle and its occupants for contraband.

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Key Quotes

“The officer's search of the truck was permissible because Wynn voluntarily abandoned the truck, which was illegally parked.”

Establishes the court's core holding that abandonment doctrine permitted the warrantless search.

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Facts & Procedural History

Police officers investigating narcotics activity at a Tampa public housing project observed two illegally parked vehicles with three known narcotics d…

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Opinion of the Court
PARKER, Judge.

PARKER, Judge.

The state appeals the trial court’s order granting Alexander Wynn’s motion to suppress cocaine. The trial court concluded that the arresting officers did not have a founded suspicion of criminal activity and the search was therefore illegal. We reverse, concluding that the search was legal because Wynn abandoned his truck.'

Wynn was charged with trafficking in cocaine, pursuant to section 893.135(l)(b)l, Florida Statutes (1991) and possession of cocaine with intent to sell, purchase, manufacture or deliver within 200 feet of a public housing facility, pursuant to section 893.-13(l)(i), Florida Statutes (1991).1 The following evidence was adduced at the hearing on the motion to suppress.

Police officers were at a Tampa public housing project investigating a narcotics transaction when they observed two vehicles illegally parked. Standing between the two vehicles were three known narcotics dealers conversing with the occupants of both vehicles. When the three narcotics dealers saw the officers, they all shoved an item in their pants and fled. As the officers walked between the two vehicles, they smelled marijuana coming from inside of the car. A search of the car resulted in the seizure of marijuana, seventy-seven grams of crack cocaine, and a balled-up brown paper bag containing $4900.

While the officers were searching the occupants of the car, Wynn got out of the truck and departed without saying anything to the officers. Wynn left his truck unlocked and illegally parked. Neither vehicle had a parking sticker which was required for parking at the housing project. The officer ran a tag check to determine the ownership of the truck; however, the search revealed no rec ord which indicated to the officer that the track might be a stolen vehicle. After forty-five minutes, during which time no one returned to the track, the officer entered the track to search for identification or registration. During this search, the officer saw a balled-up brown paper bag on the floorboard, opened it, and discovered a large quantity of cocaine in individual plastic bags. The officer also found a duffle bag containing $4443 in cash. No registration was found; however, Wynn’s business card with his telephone and address were found. Subsequently, the track was impounded.

We conclude that the smell of marijuana upon the officers’ approach of the ear gave the officers probable cause to search the occupants of the car and the ear for contraband. See State v. T.T., 594 So. 2d 839, 840 (Fla. 5th DCA 1992). While the officers did not have a founded suspicion regarding the track and Wynn at that time, they still had the right to ask him questions regarding his presence in the project. See State v. Barnett, 572 So. 2d 1033 (Fla. 2d DCA), review denied, 581 So. 2d 163 (Fla.1991).

The officer’s search of the truck was permissible because Wynn voluntarily abandoned the truck, which was illegally parked. Our conclusion is supported by State v. Lawson, 394 So. 2d 1139 (Fla. 4th DCA 1981). In Lawson, the court held that the defendant’s act in quickly leaving his car, which was parked in a “no loitering” zone without saying a word to the police officer sufficiently evidenced the defendant’s intention to abandon the vehicle. Under these circumstances, it was permissible for the officer to investigate the ownership of the ear. Because the defendant abandoned the car, the officer had the right to conduct a search of the car and seize any illegal substance whether it was in plain view or not. Lawson, 394 So. 2d at 1141. Once the vehicle was abandoned, Wynn no longer had an expectation of privacy in the vehicle.

Reversed and remanded.

RYDER, A.C.J., and BLUE, J., concur. . This court, in State v. Thomas, 616 So. 2d 1198 (Fla. 2d DCA 1993), concluded that the statutory phrase, "public housing facility” utilized in section 893.13(1)(i) was unconstitutionally vague.


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Citator

Cited By

  • Green v. State, 831 So. 2d 1243 (Fla. 2d DCA 2002)
    …the smell alone, to search a person or a vehicle for contraband. State v. T.T., 594 So. 2d 839, 840 (Fla. 5th DCA 1992); see also State v. Hernandez, 706 So. 2d 66, 67 (Fla. 2d DCA 1998). The trial court relied on T.T., Hernandez, and State v. Wynn, 623 So. 2d 848 (Fla. 2d DCA 1993), in support of its conclusion that the odor of marijuana gave the officers probable cause to believe the members of the group had marijuana in their possession and to search each person who was present. The situation in the prese…
  • Jocelyn Pierre v. State, 732 So. 2d 376 (Fla. 2d DCA 1999)
    …into custody. Therefore, we conclude that Pierre’s arrest for obstructing an officer without violence cannot stand. Next, we must consider whether the search of the vehicle was proper under a theory of abandonment of the vehicle. In State v. Wynn, 623 So. 2d 848 (Fla. 2d DCA 1993), this court addressed when a defendant could, through abandonment of a vehicle, forfeit his right to an expectation of privacy in the vehicle. In Wynn, the defendant left his vehicle unlocked and illegally parked for forty-five mi…
  • Kellen Lee Betz v. State, 793 So. 2d 976 (Fla. 2d DCA 2001)
    …ble cause authorizes the warrant-less arrest of such person and a war-rantless search, either before or after the arrest, of the passenger compartment of the vehicle, and closed containers therein, for evidence of the crime. See also State v. Wynn, 623 So. 2d 848 (Fla. 2d DCA 1993); State v. Bowden, 538 So. 2d 83 (Fla. 2d DCA 1989); State v. Boyle, 326 So. 2d 225 (Fla. 2d DCA 1976). Accordingly, we hold that the officer’s search of Mr. Betz was lawful and affirm on this point. The search of the trunk, howev…

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