STATE OF FLORIDA, APPELLANT,
v.
ROBERT SANDERS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appealed a trial court's suppression of evidence obtained from a warrantless search of Sanders' automobile. The appellate court reversed, holding that officers had probable cause to search the vehicle for contraband (firebombs) based on a complaint that Sanders had threatened to burn down a tavern and the officers' observation of suspicious activity matching that description.
The warrantless search was proper. Officers had probable cause to believe the vehicle contained contraband—specifically firebombs—based on the complaint that Sanders had threatened to burn down a building and the subsequent observation of suspects matching his description near the threatened location with suspicious items.
[1] A warrantless search of a vehicle is permissible if the arresting officer has probable cause to believe the vehicle contains contraband.
[2] Probable cause for a warrantless vehicle search may be established by information from a reliable informant regarding threats of criminal activity and subsequent observat…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A warrantless search may be conducted even though it is not incident to a lawful arrest if the arresting officer had probable cause to believe that the vehicle contained contraband.”
Establishes the legal standard for warrantless vehicle searches under Carroll doctrine
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFred Peer complained to police that Robert Sanders had threatened to kill him and burn down his tavern. Officers staked out the tavern and observed th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Contraband cases and more on FLexlaw
This is an appeal from an order of the trial judge suppressing certain evidence which was obtained by a warrantless search of appellee’s automobile.
On October 12, 1969, Fred Peer filed a complaint with the Police Department of St. Petersburg. Peer claimed that appellee Robert Sanders had threatened to kill him and burn down his tavern. Acting on this information, the police officers staked out the tavern. Later the officers observed three men in an alley near the tavern. One of the men was carrying a bottle. The men subsequently got into an automobile which matched the description that the officers had of appellee’s car. Within a few blocks, *121Lieutenant Coleman assisted by other policemen stopped appellee’s car and began a search of the occupants as well as of the automobile. The officers found and retrieved two guns from the automobile and when they searched the trunk they found a bottle similar to the one which had been seen in the possession of one of the men in the alley adjacent to the tavern. The bottle contained a brownish liquid substance with a strip of cloth shoved into the bottle. This evidence was suppressed by the trial judge and this appeal ensued.
Appellant contends that the trial court erred in granting appellee’s motion to suppress and we agree.
A warrantless search may be conducted incidental to a lawful arrest. State v. Browning, Fla.App.1970, 233 So.2d 866. Under certain circumstances a warrantless search may be conducted even though it is not incident to a lawful arrest if the arresting officer had probable cause to believe that the vehicle contained contraband. Carroll v. United States, 1925, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543.
Florida Statutes § 933.19, F.S.A. has specifically adopted the Carroll decision. The warrantless search in the instant case was proper if the arresting officer had probable cause to believe that contraband was being transported in the car. Firebombs are made contraband by Fla.Stat. § 806.111, F.S.A. The arresting officer had a report that a person fitting appellee’s description had threatened to burn down the tavern. A person fitting appellee’s description was seen in the vicinity of the building in the company of two other people, one of whom had a bottle of some type. Police officers had followed these suspects from the vicinity of the threatened building to the place where the search was conducted and had found weapons and a firebomb in appellee’s car. Considering the above-mentioned facts, the arresting officer had probable cause to conduct the search for weapons as well as for contraband, i. e., a firebomb. See also Sessions v. State, Fla.App.1968, 213 So.2d 614.
For these reasons the order suppressing the evidence is hereby reversed.
PIERCE and MANN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Darion Northrup Castle v. State, 305 So. 2d 794 (Fla. 4th DCA 1974)…because they were in plain view and clearly were contraband, i. e., they were the in-strumentalities of the felony of arson. See also: Florida Statutes, Sec. 806.111 which defines “firebombs” and declares them to be contraband; and State v. Sanders, 239 So. 2d 120 (2d D.C.A.Fla.1970). Appellant argues that the plain view doctrine cannot apply in this case because the search was conducted more than two hours after the fire. Even if it were true that the flammable materials were found two hours later as a res…
-
Bailey v. State, 295 So. 2d 133 (Fla. 4th DCA 1974)…izures but only unreasonable searches and seizures. In order for the warrantless search of the car in question to have been sustained it must have been predicated upon (a) a search incident to a [*136] lawful arrest, State v. Sanders, Fla.App. 1970, 239 So. 2d 120; State v. Gustafson, Fla. 1972, 258 So. 2d 1; and Reis v. State, Fla.App.1971, 248 So. 2d 666; (b) a search based upon probable cause, Sanders, supra; Suiero v. State, Fla.App.1971, 248 So. 2d 219; (c) a search based upon an emergency situation, Web…
-
State v. Miller, 267 So. 2d 352 (Fla. 4th DCA 1972)…robable cause to search. See Beck v. State, Fla.App.1966, 181 So. 2d 659; Paula v. State, Fla.App.1966, 188 So. 2d 388; State v. Jones, Fla.App.1969, 222 So. 2d 216; and Edmond v. State, Fla.App.1968, 208 So. 2d 135; State v. Sanders, Fla.App. 1970, 239 So. 2d 120 and Crosby v. United States, 5 Cir. 1956, 231 F. 2d 679. In my judgment the newly coined “search incident to a lawful detention” finds no support in the law and espouses a dangerous and unconstitutional notion which, if allowed to stand, will be op…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carroll v. United States, 267 U.S. 132 (U.S. 1925)
- Sessions v. State, 213 So. 2d 614 (Fla. 1st DCA 1968)
- State v. Dire Estes Browning, 233 So. 2d 866 (Fla. 2d DCA 1970)