Castella v. State

959 So. 2d 1285, 2007 WL 2119149
CourtDistrict Court of Appeal of Florida
DecidedJuly 25, 2007
Docket4D06-2495
StatusPublished
Cited by19 cases

This text of 959 So. 2d 1285 (Castella v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Castella v. State, 959 So. 2d 1285, 2007 WL 2119149 (Fla. Ct. App. 2007).

Opinion

959 So.2d 1285 (2007)

Edward J. CASTELLA, Appellant,
v.
STATE of Florida, Appellee.

No. 4D06-2495.

District Court of Appeal of Florida, Fourth District.

July 25, 2007.
Rehearing Denied July 25, 2007.

*1286 Michael Metz of the Law Offices of Richard G. Lubin, P.A., West Palm Beach, for appellant.

*1287 Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING AND/OR CERTIFICATION AND MOTION FOR REHEARING EN BANC

PER CURIAM.

Edward Castella filed a Motion for Rehearing and/or Certification and Motion for Rehearing En Banc. We deny the motion in all regards. However, we withdraw our previous opinion and substitute this opinion in its place in order to further elucidate our analysis.

Edward Castella was convicted of felony boating under the influence following a stop by law enforcement. He raises two issues on appeal. We affirm in all respects, but write to address the issue challenging the denial of Castella's motion to suppress evidence resulting from the stop of his boat.

Castella was charged with leaving the scene of a crash (vessel), two counts of boating under the influence (misdemeanor) [related to the crash], and another count of boating under the influence [related to a law enforcement stop]. He was convicted of the boating under the influence count related to a law enforcement stop and acquitted of the other charges.

Castella filed a motion to suppress, and the trial court held a hearing on the motion. At the hearing, Broward Sheriff's Deputy Dunning testified that he was a marine patrol deputy on an off-duty detail on the night of the incident. He and his partner, Broward Sheriff's Deputy Manes, who was also on the off-duty detail, were eating dinner at a restaurant along the intracoastal waterway. Deputy Manes saw a boat moving fast through an idle speed zone, the deputies went to the water, the boat approached, and the unidentified, excited passengers advised that there had been a boat accident with injuries to the south (the scene of which turned out to be about a mile and two minutes of travel away). The passengers identified Castella's nearby boat as being involved in the accident, but did not indicate when the accident had occurred (although it seemed to the officers that it had just happened). Without confirming whether an accident had occurred, the deputies then made contact with Castella, although he was not violating any laws. Castella appeared drunk and unsteady. Manes testified that he saw a cooler and empty beer bottles and cans in Castella's boat.

Broward Sheriff's Deputy Anthony testified that he was working as part of the DUI Task Force on the night of the incident and was called to the scene of the stop. When Anthony came into contact with Castella, Castella appeared extremely unsteady, with flushed skin, watery eyes, slurred speech, and the odor of alcohol on his breath. Based on his appearance and field sobriety exercises, Anthony concluded that Castella had been boating under the influence. Fort Lauderdale Police Officer Blish, who was also on scene, testified that when he came into contact with Castella, Castella smelled of alcohol, his eyes were bloodshot, and his speech was slurred.

Following the suppression hearing, the trial court made the following ruling on the record:

The Court heard the evidence in the motion to suppress hearing. Deputy Dunning testified that on August 28, year 2004, while he and his partner Deputy Manes were approaching by boat the Roadhouse Grill restaurant, which is immediately south of the Commercial Boulevard bridge on the intracoastal, a boat approached them at high speed. The people that were in the boat were agitated, *1288 told them that a boat accident had just taken place and pointed to the vessel of the defendant as being involved in this boat incident.
The deputies approached the defendant's vessel which it was an open fisherman, they made contact with the defendant's boat, the defendant was the only occupant of the boat. Defendant appeared to Deputy Dunning as being unsteady, appeared drunk and Deputy Dunning at that point told the defendant to take his boat to the Bayview Medical Center area by water.
The people who gave the information to Deputy Dunning told him that the accident had taken place north of the Commercial Boulevard bridge. The defendant's boat was traveling south on the waterway and was at the point that these individuals pointed his vessel coming right under the bridge from the location of where the deputy said the—I mean the people said the accident had taken place.
Deputy Manes, who was also with Deputy Dunning at that time, said that when they approached the defendant's boat, he observed a cooler, he observed empty bottles of beer on the floor of the vessel. He had the impression from the individuals who gave them the information and pointed to the defendant's vessel that the accident had just happened.
The Court also had the opportunity to observe the video of the sobriety tests that were administered by Deputy Anthony to the defendant and the performance of the defendant on those tests.
Finally, the last deputy [Blish] who appeared on Monday at the continuation of the hearing stated that the defendant when approached, smelled—had an odor of intoxicants and raised a suspicion.
The Court did some research as to whether what the defense has referred to as tipsters that were not identified are at the same level as an anonymous tipster. The Court finds two cases right on point, Carattini versus State, CARATTINI, which is [7]74, So.2d, 920 [927], 79927, a 2001 case. In this case, a security officer in a retail store was approached by a woman who said three men just ran out of your store carrying a duffle bag full of your clothes. The security officer asked the lady to point who the three men were, she went with him to the parking area, pointed to the three individuals, pointed to the car that the three individuals were getting in to. The security officer did not know the woman who spoke to him and he never got her name or any other identification.
Based on the information given by this woman, the security officer called the police who approached the three defendants, they had the merchandise from the store and they were placed under arrest.
The Court in this case of Carattini versus State denied the motion to suppress and states, I think that the circumstances here suggest that the person who gave the information to Officer Jarvis is closer to an identifiable citizen as opposed to an anonymous tipster.
In any event, I think this situation really involves an identifiable citizen who was standing next to Officer Jarvis, who gave Officer Jarvis information face to face, who went outside, pointed out the vehicle to Officer Jarvis and pointed out the person closing the trunk of the car.
Now, the reason why that person was not further identified was simply because of the fact that Jarvis had to get about the business of trying to get these people stopped to conduct a further investigation and when he came back, this person who he saw and talked to were simply gone. That make her unidentifiable *1289 after the act, but during the course of the events she was certainly identifiable.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Florida v. Larry Thomas Leiby
District Court of Appeal of Florida, 2025
D.T., a Child v. State of Florida
178 So. 3d 949 (District Court of Appeal of Florida, 2015)
Joanne Baden v. State of Florida
174 So. 3d 494 (District Court of Appeal of Florida, 2015)
Ivory Brunson v. State
149 So. 3d 139 (District Court of Appeal of Florida, 2014)
State v. Randolph Hutz
144 So. 3d 618 (District Court of Appeal of Florida, 2014)
Williams v. State
127 So. 3d 643 (District Court of Appeal of Florida, 2013)
Collins v. State
115 So. 3d 1040 (District Court of Appeal of Florida, 2013)
Aikens v. State
80 So. 3d 1121 (District Court of Appeal of Florida, 2012)
D.O. v. State
77 So. 3d 787 (District Court of Appeal of Florida, 2011)
Majors v. State
70 So. 3d 655 (District Court of Appeal of Florida, 2011)
Carmack v. State, Department of Agriculture
31 So. 3d 798 (District Court of Appeal of Florida, 2009)
Ortiz v. State
24 So. 3d 596 (District Court of Appeal of Florida, 2009)
Baptiste v. State
995 So. 2d 285 (Supreme Court of Florida, 2008)
Gray v. State
981 So. 2d 562 (District Court of Appeal of Florida, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
959 So. 2d 1285, 2007 WL 2119149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castella-v-state-fladistctapp-2007.