JESSE WASHINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2004-12-10
No. 1D03-2171
KAHN, WEBSTER and POLSTON, JJ., concur.
889 So. 2d 170 Florida District Court of Appeal, First District (2004) Positive Treatment
Cited by 2 cases

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Synopsis

Jesse Washington appealed the denial of his motion to suppress cocaine and drug paraphernalia found during a warrantless search of his motel room. The court held that the seizure of drug paraphernalia observed in plain view during a consensual search for a suspect was lawful, but the subsequent seizure of cocaine after Washington was removed from the room and arrested outside violated the Fourth Amendment.


Holding

The seizure of the drug paraphernalia was proper as it was observed in plain view during a lawful consensual entry. However, the seizure of the cocaine was unlawful because a search incident to arrest is limited to the area within the immediate control of the defendant, and the defendant was arrested outside the room before the second search occurred.


Headnotes

[1] A warrantless seizure of contraband is permissible under the plain view doctrine when officers are lawfully present in the location where the contraband is observed.

[2] A warrantless search of a motel room incident to a lawful arrest is unlawful if the arrest occurs outside the room and the search is conducted after the defendant is remo…

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Key Quotes

“A warrantless search incident to a lawful arrest is limited to the area within the immediate control of the defendant.”

Establishes the legal standard for searches incident to arrest that the trial court failed to apply correctly.

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Facts & Procedural History

Police officers searching a motel for a stolen car suspect received consent to search Washington's room. While in the room, officers observed a baggie…

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Opinion of the Court
PER CURIAM.

[*171] PER CURIAM.

Appellant, Jesse Washington, appeals the denial of his motion to suppress cocaine and drug paraphernalia found during a warrantless search of his motel room. Although we agree that the paraphernalia seizure was proper, the trial court misapplied the law in holding the cocaine seizure to be lawful. Accordingly, we reverse appellant’s drug possession conviction.

Appellant was arrested after police officers found a baggie containing cocaine residue in his motel room. The officers had earlier observed the baggie while looking through the room’s window during a search of the motel for a stolen car suspect. The officers received consent to search appellant’s room for the suspect, and while therein seized the baggie, which was sticking out of appellant’s shoe. The officers exited the room to place appellant under arrest, and then re-entered to search for drugs. During this second search, the officers found a pill bottle containing cocaine hidden in a hat. Appellant was subsequently convicted on one count of drug possession and one count of paraphernalia possession.

The trial court denied appellant’s motion to suppress the baggie and cocaine, concluding that seizure of the baggie was proper under the Fourth Amendment. We agree that this seizure was proper because while legally in the room for purposes of looking for a suspect, the officers observed the baggie in plain view. See, e.g., Pagan v. State, 830 So. 2d 792, 808-09 (Fla.2002); see also Lee v. State, 856 So. 2d 1133, 1136 (Fla. 1st DCA 2003) (discussing that officers can make a warrantless entry into a protected area with defendant’s consent). We, therefore, affirm appellant’s conviction on Count II, possession of drug paraphernalia.

The trial court further held that the subsequent warrantless search and seizure of the cocaine in the pill bottle was lawful as a valid search incident to arrest. This was error. “A warrantless search incident to a lawful arrest is limited to the area within the immediate control of the defendant.” State v. Futch, 715 So. 2d 992, 994 (Fla. 2d DCA 1998) (invalidating a drug seizure inside a motel room occurring after defendant was taken outside of the room and arrested); see also Vale v. Louisiana, 399 U.S. 30, 33-34, 90 S.Ct. 1969, 26 L.Ed.2d 409 (1970) (“If a search of a [motel room] is to be upheld as incident to an arrest, that arrest must take place inside the [motel room].... ”); Vasquez v. State, 870 So. 2d 26 (Fla. 2d DCA 2003) (suppressing evidence seized without a warrant in motel room after defendant was arrested outside of room). Therefore, the trial court reversibly erred in upholding this search as valid incident to arrest. Accordingly, we reverse appellant’s conviction and sentence with respect to Count I and remand this cause for a new trial.

AFFIRMED in part; REVERSED in part and REMANDED with instructions.

KAHN, WEBSTER and POLSTON, JJ., concur.


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Citator

Cited By

  • Tims v. State, 204 So. 3d 536 (Fla. 1st DCA 2016)
    …out a warrant, found drugs, and arrested the occupant. This court held that because the entry violated the Fourth Amendment, the evidence found inside the hotel room could not be used against the defendant. Id. at 1140; see also Washington v. State, 889 So. 2d 170 (Fla. 1st DCA 2004) (similar scenario). Application of the rule in cases like these would “deter illegal police conduct by denying the state the benefit of improperly obtained evidence.” Dodd, 419 So. 2d at 335. This case, however, is not the typic…

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