STATE OF FLORIDA, APPELLANT,
v.
ROGER CROMATIE, APPELLEE
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The court held that a police officer can request consent to search a vehicle during a valid traffic stop, even after issuing citations, and that contraband found in a patrol car after a lawful stop and consent to search is admissible.
[1] A law enforcement officer may request consent to search a vehicle during a valid traffic stop, even after the lawful purpose of the stop has been completed.
[2] A passenger in a lawfully stopped vehicle lacks standing to contest the search of the vehicle or the driver's consent to that search.
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Join FLexlaw to unlock all legal intelligenceAn officer stopped a car for traffic violations and, after issuing citations, obtained the driver's consent to search the vehicle. Contraband was foun…
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DANAHY, Acting Chief Judge.
The State of Florida challenges a suppression order entered in a prosecution for possession of cocaine. Based on the undisputed facts presented at the suppression hearing, we agree with the state that the trial court erred in concluding that, after a valid stop, the search during which the police discovered the cocaine was illegal.
Officer Mailhiot was patrolling in the late afternoon and observed a car with two occupants roll through a stop sign. Also, the car’s left rear brake light was not operating properly. The appellee was the passenger in the front seat. The officer stopped the car, informed the occupants of the reason for the stop, had them remain in the vehicle, and ran their driver’s licenses through a computer check which produced negative results. He then issued two citations for the traffic violations to the driver. The officer then asked the driver if there was anything illegal in the car and if he could search the car. The driver consented to the search. At that point the two occupants exited the vehicle and stood nearby with back-up officers who had arrived in the meantime. The search produced a cigarette package containing several pieces of folded aluminum foil whose contents tested positive for cocaine. Based on this finding the driver and the appellee were taken into custody and placed in separate patrol cars. Upon questioning, the driver admitted that the cigarette pack belonged to him but denied any knowledge of the drugs contained in it. Because the driver admitted to owning the cigarette pack, the officer decided to release the appellee. After the appellee emerged from the back seat of the patrol car, an officer checked it and found cocaine. Based on this second finding of cocaine, the appellee was arrested. It is the evidence of cocaine found in the back of the patrol ear which the trial court suppressed.
The appellee argues that the stop which began as a valid traffic stop turned into an illegal stop because it was prolonged beyond its lawful purpose once the citations for the two traffic violations were issued. See Powell v. State, 649 So. 2d 888 (Fla. 2d DCA 1995). The appellee’s only possible argument must be based on the validity vel non of the prolonged stop since it is clear that the appellee has no standing to contest the search of the car or the consent given for that search by the driver. We find it is the consent given by the driver to the search of his car, setting up the sequence of events which eventually led to the discovery of the appellee’s possession of cocaine, which legalizes these events and shields the evidence from suppression. During a valid traffic stop, or even if a valid traffic stop has had its lawful function completed and turns into a citizen encounter, there is no reason a law enforcement officer cannot ask for consent to search. Cf. State v. Vera, 666 So. 2d 576, n. 2 (Fla. 2d DCA 1996) (citing Bostick v. State, 593 So. 2d 494 (Fla.1992)). Once a police officer obtains a valid consent to search, certain procedures are reasonable given the safety concerns of officers. Cf. Michigan v. Summers, 452 U.S. 692, 101 S.Ct. 2587, 69 L.Ed.2d 340 (1981) (three identifiable law enforcement interests justifying limited detention of occupants during search of premises pursuant to valid search warrant are: (1) preventing flight in event incriminating evidence found; (2) minimizing risk of harm both to officers and occupants; and (3) orderly completion of search). In the context of a legal stop, our sister court in State v. Fleming, 663 So. 2d 1353 (Fla. 5th DCA 1995), cited Michigan v. Summers when it reversed a suppression order where a suspected armed robber was subject to an extended Terry stop based upon a recent police bulletin.
Based on Michigan v. Summers and State v. Fleming, we conclude that the officer conducting the traffic stop could request permission to search the car and detain all occupants of the car until he completed the search. We find further support in our decision in Williams v. State, 640 So. 2d 1206 (Fla. 2d DCA 1994), which involved occupants of a lawfully stopped vehicle who were properly detained while the officer chased one of the occupants who fled. Upon the officer’s return within a short time the driver consented to a search of the vehicle. The officer’s search turned up contraband in the car. After the defendant, who was one of the detained passengers, exited the police vehicle where his detention took place, contraband was found in the police vehicle. Based on these circumstances this court concluded that suppression of the contraband found in the police vehicle was properly denied. When the driver’s consent leads, as it does in the case before us and as it did in Williams, to discovery of a passenger’s abandoned contraband, such abandonment cannot be deemed involuntary since the initial stop was lawful as were all circumstances stemming from that stop.
We reverse the order of suppression and remand for further proceedings.
ALTENBERND and FULMER, JJ., concur.
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State v. Kindle, 782 So. 2d 971 (Fla. 5th DCA 2001)…ielded from suppression. See Gomez v. State, 748 So. 2d 352 (Fla. 3d DCA 1999), rev. dismissed, 762 So. 2d 916 (Fla.2000); State v. Parrish, 731 So. 2d 101 (Fla. 2d DCA 1999); State v. Holland, 680 So. 2d 1041 (Fla. 1st DCA 1996); State v. Cromatie, 668 So. 2d 1075 (Fla. 2d DCA 1996); see also Castro v. State, 755 So. 2d 657 (Fla. 4th DCA 1999). But if the stop is illegal, consent to search thereafter given is generally considered invalid. See, e.g., Crooks v. State, 710 So. 2d 1041 (Fla. 2d DCA 1998); Jordan…
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Mauldin v. State, 696 So. 2d 801 (Fla. 2d DCA 1997)…ed assault, and the elements of battery were not charged in the information, appellant was improperly convicted on a charge not made in the indictment. See Fla. Std. Jury Instr. (Crim.), Schedule of Lesser Included Of [*802] fenses; B.S.W. v. State, 668 So. 2d 1075 (Fla. 2d DCA 1996). We, accordingly, reverse and remand. On remand, the state may file an amended information and retry appellant on the offense of battery. See Jaramillo v. State, 659 So. 2d 1238 (Fla. 2d DCA 1995); Velasquez. See also Von Deck v…
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State v. Breed, 917 So. 2d 206 (Fla. 5th DCA 2005)…home, but that is not a basis to invalidate the search. Once the DOT officers requested and obtained permission to search the vehicle or a person, they could detain all occupants of the vehicle until the search was completed. See State v. Cromatie, 668 So. 2d 1075 (Fla. 2d DCA 1996). In this case, Hunter received consent from the Breeds to search their persons and the motor home for contraband, and Hunter’s partner, Officer Pelton, searched the mqtor home. While a search lasting two to three hours may be con…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Michigan v. Summers, 452 U.S. 692 (U.S. 1981)
- Ulysses R. Williams v. State, 640 So. 2d 1206 (Fla. 2d DCA 1994)
- Powell v. State, 649 So. 2d 888 (Fla. 2d DCA 1995)
- Bostick v. State, 593 So. 2d 494 (Fla. 1992)
- State v. Vera, 666 So. 2d 576 (Fla. 2d DCA 1996)
- State v. Bennet Anthony Fleming, 663 So. 2d 1353 (Fla. 5th DCA 1995)