MICHAEL J. VANCAS AND STEVEN C. KNIGHT, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1979-12-12
Nos. 78-2562, 78-2563
ANSTEAD, MOORE, and BERANEK, JJ., concur.
377 So. 2d 1000 Florida District Court of Appeal, Fourth District (1979)

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Synopsis

Appellants charged with marijuana possession challenged the denial of their motion to suppress and motion to dismiss (the latter based on destruction of police recordings). The court affirmed the trial court's rulings but noted the trial court was mistaken in believing it lacked authority to compel police to preserve evidence.


Holding

The court affirmed the denial of both the motion to suppress and motion to dismiss, finding substantial competent evidence supporting the propriety of the boat stop. However, the court held that the trial court was mistaken in believing it lacked authority to compel police to preserve potential evidence.


Headnotes

[1] A trial court has the authority to compel law enforcement agencies within its jurisdiction to preserve potential evidence.

[2] A boat stop by marine patrol officers is permissible if supported by substantial competent evidence and not contrary to established legal precedent regarding investigator…

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Key Quotes

“the trial court was mistaken in its belief that it did not possess the authority to compel police authorities within the court's jurisdiction to preserve potential items of evidence”

Establishes that courts have authority to order preservation of evidence despite trial court's contrary belief.

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Facts & Procedural History

Appellants' boat was stopped by marine patrol officers. Police recordings were subsequently destroyed. Appellants first moved to preserve evidence, wh…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants were charged with possession of marijuana. After denials of their motion to suppress and motion to dismiss, the latter predicated on the state’s destruction of certain police recordings, the appellants pled nolo contendere, reserving their right to appeal the denial of those orders. They were then placed on probation for one year. As to the motion to suppress we find that there is substantial competent evidence in the record to support the trial court’s finding that appellants’ boat was properly stopped by marine patrol officers and that such stop was not contrary to the decision in Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 591 L.Ed.2d 660 (1979). In addition, we find no error by the trial court in denying the motion to dismiss. State v. Sobel, 363 So. 2d 324 (Fla.1978).

We note that prior to denying the motion to dismiss the trial court denied a motion by appellants to preserve evidence. In denying that motion the trial court indicated its belief that it had no authority to compel the county sheriff’s department to preserve certain tape recordings. These were the same recordings the destruction of which formed the predicate for the appellants’ subsequent motion to dismiss. Although we have concluded that the court was ultimately correct in denying the motion to dismiss we feel compelled to observe that the trial court was mistaken in its belief that it did not possess the authority to compel police authorities within the court’s jurisdiction to preserve potential items of evidence. The court’s authority to direct the state to preserve evidence is a necessary adjunct of its authority to compel and supervise the production of evidence. See generally Fla.R.Crim.P. 3.220.

AFFIRMED.

ANSTEAD, MOORE, and BERANEK, JJ., concur.


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