STATE OF FLORIDA, APPELLANT,
v.
ROLANDO RAMIREZ, APPELLEE
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The State of Florida appeals a suppression order granted to Rolando Ramirez after a traffic stop yielded cocaine from a hidden compartment. The Fifth District Court of Appeal reverses, holding that the officer had probable cause based on his expertise and suspicious circumstances to open the vehicle panel and search the concealed compartment.
The court reversed the suppression order, holding that the officer had probable cause to pry open the panel based on the facts and circumstances discovered during the stop and consensual search, combined with the officer's specialized expertise in concealed compartments, which was sufficient to justify opening the panel to investigate a suspected hidden drug compartment.
[1] A traffic stop for speeding may be extended to investigate reasonable suspicion of drug trafficking, even if the initial reason for the stop has concluded.
[2] A driver's inconsistent and evasive answers regarding travel plans, coupled with nervousness, can contribute to reasonable suspicion of criminal activity.
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Join FLexlaw to unlock all legal intelligence“The facts and circumstances outlined, which were discovered by the officer during the course of the stop and the consensual search, were enough to give this officer, in light of his expertise, probable cause to use the screwdriver to pry open the panel to determine whether there was a secret compartment concealing drugs where he suspected it to be.”
Establishes the court's holding that the officer's specialized knowledge combined with observed suspicious circumstances provided probable cause to search the concealed compartment
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Join FLexlaw to unlock all legal intelligenceOn April 21, 1992, Ramirez was stopped for speeding on I-95 in Brevard County while driving a vehicle owned by a third party with passenger Angel Luis…
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GRIFFIN, Judge.
The State of Florida appeals an order granting a motion to suppress. We reverse. On April 21, 1992, at approximately 1:30 a.m., Rolando Ramirez (“Ramirez”) was stopped for speeding on 1-95 in Brevard County, Florida. Ramirez was accompanied by a passenger, Angel Luis Maestre, and was driving a vehicle owned by a third party. Trooper Brown, who conducted the stop, asked for his driver’s license and registration, and inquired about his travel plans. Ramirez, who speaks somewhat broken English, first told Trooper Brown that he was going “to Florida”, then indicated he was coming from Orlando, and he finally told the trooper he was driving from Miami to New York. Maestre told the trooper that he did not know where they had been or where they were going. During the stop, Ramirez seemed nervous, paced back and forth, and would not make eye contact with the trooper. Trooper Brown became suspicious that Ramirez was trafficking in illegal drugs and asked Ramirez to consent to a search of the vehicle. Ramirez refused to sign a written consent, but agreed to let the trooper “look in the vehicle.” Ramirez and Maestre then stood off to the side with Trooper Traylor, a backup trooper who had just arrived on the scene,1 while Trooper Brown conducted a search. During the search, Trooper Brown observed that a panel in the dashboard above the glove compartment was ajar. He was able to pull it back a little bit and he could see that a compartment had been made inside that section. He could see “something” but could not see what it was. As it happened, Trooper Brown, a 14-year veteran with the highway patrol, was unusually knowledgeable about the design, construction and use of secret compartments in automobiles for drug transport. Indeed, he even taught a course entitled “Concealed Compartments”. Trooper Brown knew the area where he found the loose panel was a “common area” for such concealed compartments. Given the other circumstances that had caused him to suspect Ramirez and Maestre were transporting drugs, he believed he had found a secret compartment for carrying drugs. Using a screwdriver, he pried open the panel and found a specially fabricated electronically activated secret compartment behind the dashboard above the glove compartment. In the compartment was approximately one kilogram of cocaine.
The lower court found that Ramirez had consented to the search but that the scope of the consent had been exceeded when the trooper “broke” the car. The court also found there was no probable cause to do so in the absence of consent.
We reverse based on Jones v. State, 592 So. 2d 363 (Fla. 5th DCA 1992), which is quite similar to the present case, and controls the outcome. The facts and circumstances outlined, which were discovered by the officer during the course of the stop and the consensual search, were enough to give this officer, in light of his expertise, probable cause to use the screwdriver to pry open the panel to determine whether there was a secret compartment concealing drugs where he suspected it to be.
REVERSED and REMANDED.
GOSHORN and DIAMANTIS, JJ., concur. . Although Trooper Traylor had a drug dog with him, the troopers did not have the dog sniff for the presence of narcotics.
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Citator
Cited By
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Santiago v. State, 884 So. 2d 967 (Fla. 5th DCA 2004)…the dashboard but was simply poised there in order to hide the drugs. As such, the record contains sufficient evidence to support the trial court’s ruling finding the search properly within the scope of the defendant’s consent. See State v. Ramirez, 625 So. 2d 119 (Fla. 5th DCA 1993)(holding that officer’s observation that panel in dashboard above glove compartment was ajar during consensual search of vehicle was sufficient to give officer probable cause, in light of his expertise in use of secret compartment…
Authorities Cited
- State v. Jones, 592 So. 2d 363 (Fla. 5th DCA 1992)