JOHN BELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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John Bell appealed the denial of his motion to suppress evidence from a search that discovered methamphetamine. The court affirmed the conviction, finding that the arresting officer had probable cause to search Bell based on information provided by an arrestee about an incoming drug delivery and Bell's matching appearance and vehicle description.
The court affirmed the conviction, finding the officer had probable cause to search appellant based on the totality of the circumstances, including the arrestee's corroborated information about an incoming drug delivery and the appellant's matching physical description and vehicle. The court found it unnecessary to determine whether the shoulder shrug constituted consent because probable cause existed independent of consent.
[1] Probable cause to arrest exists if an officer has reasonable grounds to believe a person has committed a felony, and this standard is less than that required for a convic…
[2] The determination of probable cause is viewed from the perspective of a police officer with specialized training, considering the factual and practical considerations of…
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Join FLexlaw to unlock all legal intelligence“A law enforcement officer has probable cause to make a legal arrest if the officer has reasonable grounds to believe the person has committed a felony. A standard of conclusiveness and probability is less than that required to support a conviction.”
Establishes the legal standard for probable cause that governs the search
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLaw enforcement arrested Daniel Farah for methamphetamine sales near midnight at a trailer park. While effecting the arrest, an unidentified caller co…
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EVANDER, J.
After the denial of his motion to suppress, appellant entered a no contest plea to one count of trafficking in methamphetamine. He reserved the right to appeal the denial of his motion. We affirm appellant’s conviction.
The evidence presented at the hearing on appellant’s motion to suppress can be summarized as follows. Several law enforcement agents were effecting an arrest on one Daniel Farah for the sale of methamphetamine. The arrest took place near midnight at Farah’s girlfriend’s residence in a trailer park. While the arrest was being effected, an unidentified male called Farah on his Nextel two-way radio. Although the message was garbled, one of the officers heard the caller reference “2 o’s” — street language for two ounces. After the call was completed, Farah advised the officers that the caller was in route to deliver two ounces of methamphetamine to Farah. He described the caller as a heavy-set, white male with a beard. He described the caller’s vehicle as a silver or gray full-size SUV Bronco-type with loud exhausts. Approximately 45 to 60 minutes later, appellant pulled up in a vehicle directly in front of Farah’s girlfriend’s trailer. Farah’s description of appellant and appellant’s vehicle was completely accurate. Appellant was directed by the officer to exit the vehicle. The officer then asked appellant for permission to search him. In response, appellant “kind of shrugged his shoulders.” The officer then searched appellant and found methamphetamine in one of appellant’s pockets.
The trial court did not determine whether or not appellant’s shrug supported a finding that appellant consented to a search. We find it unnecessary to address this issue because we find the officer had probable cause to search appellant. A law enforcement officer has probable cause to make a legal arrest if the officer has reasonable grounds to believe the person has committed a felony. A standard of conclusiveness and probability is less than that required to support a conviction. The question of probable cause is viewed from the perspective of a police officer with specialized training and takes into account the “factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.” Bryant v. State, 901 So. 2d 810, 826 (Fla.2005). Whether an officer has sufficient probable cause to believe a suspect is carrying illegal contraband will depend on the totality of the circumstances. See State v. Bellamy, 723 So. 2d 402 (Fla. 5th DCA 1999); Williams v. State, 717 So. 2d 1109 (Fla. 5th DCA 1998).
Here, the totality of the circumstances supports a finding that the officer had probable cause to believe appellant was in possession of methamphetamine. Although Farah had not been established to be a “reliable” informant, most of the information he provided to the officers was able to be independently verified prior to the search. See Silva v. State, 641 So. 2d 482 (Fla. 5th DCA 1994); State v. Maya, 529 So. 2d 1282 (Fla. 3d DCA 1988).
AFFIRMED.
PLEUS, C.J. and LAWSON, J., concur.
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Lassiter v. State, 959 So. 2d 360 (Fla. 5th DCA 2007)…v. State, 590 So. 2d 404, 409 (Fla.1991), cert. denied, 503 U.S. 964, 112 S.Ct. 1572, 118 L.Ed.2d 216 (Fla.1992). See also Simmons v. State, 934 So. 2d 1100 (Fla.2006), cert. denied, — U.S.-, 127 S.Ct. 1334, 167 L.Ed.2d 80 (Fla.2007); Bell v. State, 944 So. 2d 448 (Fla. 5th DCA 2006), review dismissed, — So. 2d - (Fla. Feb. 22, 2007). Here, the police had reliable information from Mr. Lassiter’s daughter, corroborat [*365] ed by surveillance of his home and the Palm Coast house, monitored telephone calls, an…
Authorities Cited
- Bryant v. State, 901 So. 2d 810 (Fla. 2005)
- State v. Maya, 529 So. 2d 1282 (Fla. 3d DCA 1988)
- Quincy Williams v. State, 717 So. 2d 1109 (Fla. 5th DCA 1998)
- State v. Bellamy, 723 So. 2d 402 (Fla. 5th DCA 1999)
- Silva v. State, 641 So. 2d 482 (Fla. 5th DCA 1994)