STATE OF FLORIDA, APPELLANT,
v.
ROSS E. DEEN AND EDWARD E. LEWIS, APPELLEES

Fla. 5th DCA | 1993-10-22
No. 92-1792
DAUKSCH and COBB, JJ., concur.
625 So. 2d 968 Florida District Court of Appeal, Fifth District (1993) Positive Treatment
Cited by 14 cases
Topics
Legitimate Expectation Of Privacy Search Incident To Lawful Arrest

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Opinion of the Court
GOSHORN, Judge.

GOSHORN, Judge.

The State of Florida appeals the order of the trial court suppressing the marijuana found in an automobile which Lewis was driving and in which Deen was a passenger. A review of the undisputed testimony presented at the suppression hearing shows that the police seized the marijuana as the result of a valid search incident to the lawful arrest of Lewis. See New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); Gustafson v. Florida, 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973); United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973); State v. Smith, 529 So. 2d 1226 (Fla. 3d DCA 1988); State v. Boulia, 522 So. 2d 528 (Fla. 2d DCA 1988). The record also shows that Deen failed to demonstrate that he had a legitimate expectation of privacy in the car in which he was a mere passenger. See State v. Fontana, 566 So. 2d 937 (Fla. 4th DCA 1990), aff'd, 581 So. 2d 585 (Fla.1991); Amoss v. State, 547 So. 2d 716 (Fla. 1st DCA 1989). Accordingly, we reverse the suppression order that the trial court entered in favor of both Deen and Lewis and remand the cause for further proceedings.

REVERSED and REMANDED.

DAUKSCH and COBB, JJ., concur.

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Citator

Cited By

  • Dobrin v. Fla. Dep't of Hwy. Safety & Motor Vehicles, 874 So. 2d 1171 (Fla. 2004)
    …the wrong law. The issue is not why this particular officer conducted the traffic stop; the question should be whether the established facts would have caused a reasonable officer under the same circumstances to make the stop. See State v. Pollard, 625 So. 2d 968 (Fla. 2d DCA 1993); see also State v. McNeal, 666 So. 2d 229 (Fla. 2d DCA 1995). In other words, would it be unreasonable for an officer who observed one driving a truck at a high rate of speed and unable to maintain a straight course to pull a driv…
    1 / 2
  • Ulysses R. Williams v. State, 640 So. 2d 1206 (Fla. 2d DCA 1994)
    …h Williams had standing to contest the stop of the car, Wulff v. State, 533 So. 2d 1191 (Fla. 2d DCA 1988), approved, Nelson v. State, 578 So. 2d 694 (Fla.1991), he had no right to complain of its search since he was a mere passenger, State v. Deen, 625 So. 2d 968 (Fla. 5th DCA 1993), and he disavowed any possessory interest in the items seized. State v. W.E.T., 399 So. 2d 480 (Fla. 1st DCA 1981). Thus, as in State v. Bartz, 431 So. 2d 704, 705 (Fla. 2d DCA 1983), “[t]he record fails to reflect that [Williams…
  • State v. K.N., 66 So. 3d 380 (Fla. 5th DCA 2011)
    …had a legitimate expectation of privacy in the Toyota in which he was a mere passenger. He therefore lacks standing to challenge the items seized therein. See Rakas v. Illinois, 439 U.S. 128, 133, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978); State v. Deen, 625 So. 2d 968 (Fla. 5th DCA 1993). He does have standing, however, to contest the legality of the investigatory stop and his arrest. See Williams v. State, 640 So. 2d 1206, 1209 (Fla. 2d DCA 1994). Motions to suppress are subject to a mixed standard of review. A…

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