Delatte v. State

384 So. 2d 245
CourtDistrict Court of Appeal of Florida
DecidedJune 4, 1980
DocketOO-107
StatusPublished
Cited by7 cases

This text of 384 So. 2d 245 (Delatte 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
Delatte v. State, 384 So. 2d 245 (Fla. Ct. App. 1980).

Opinion

384 So.2d 245 (1980)

Joseph Virgil DELATTE, Appellant,
v.
STATE of Florida, Appellee.

No. OO-107.

District Court of Appeal of Florida, First District.

June 4, 1980.

Michael J. Minerva, Public Defender and Randolph P. Murrell, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and David P. Gauldin, Asst. Atty. Gen., for appellee.

McCORD, Judge.

Delatte appeals his judgment of conviction for carrying a concealed firearm entered upon his plea of nolo contendere, reserving his right to appeal the trial court's denial of his motion to suppress the firearm. Appellant contends the warrantless search of his travel bag was illegal because the inventory of its contents at the jailhouse was an unreasonable search, and in the alternative, he argues the search was not a bona fide inventory search. We disagree and affirm.

Police legally arrested Delatte upon discovering an outstanding arrest warrant charging him with escape from a Louisiana prison. Appellant, who was hitchhiking when arrested, had a travel bag in his possession. Delatte and the bag were transported to the jailhouse where he was processed and placed in a cell. The bag, after having been in the property room for approximately thirty to forty minutes, was searched by Sergeant Dekle for the purpose of safeguarding the jail after Officer Dula, who did not testify at the suppression hearing, reportedly told him there might be a gun in the bag. A loaded pistol was discovered among some clothes. It was determined that supervised inmates were occasionally permitted in the property room to retrieve their belongings, for example clothes, if they were going to court. At other times, and while supervised, trustees having cleaning duties were allowed access to the room. In addition, inmates went into the room to help retrieve their misplaced property. Weapons were not knowingly stored in the property room. Dekle further explained that, as a matter of policy, all luggage brought into the jail was to be searched for contraband, or "anything of that nature," apparently including a weapon *246 search to safeguard the jail.[1] However, it was not customary to complete an inventory of each item and no such inventory was performed here. It was admitted that the search might not invariably be performed in each case and might not have occurred here had not Dula spoken to the sergeant.[2]

The trial court denied the motion to suppress, finding that the objective to be accomplished, i.e., removing weapons from possible contact with other prisoners, was reasonable, and that the type of search made was routinely and customarily performed.

The threshold question is whether a valid "inventory search"[3] of luggage is precluded by the holding in Arkansas v. Sanders, 442 U.S. 753, 99 S.Ct. 2586, 61 L.Ed.2d 235 (1979). We think not. Sanders was rendered to resolve misunderstandings as to the proper application of United States v. Chadwick, 433 U.S. 1, 97 S.Ct. 2476, 53 L.Ed.2d 538 (1977), concerning the invalidity of a warrantless search of locked footlockers seized from an automobile. 442 U.S. at 754-755, 762, 99 S.Ct. at 2588, 2592, 61 L.Ed.2d at 238-239, 244. Sanders held that a warrant is generally required before luggage can be searched, regardless of whether or not it is seized from an automobile. 442 U.S. at 764, n. 13, 99 S.Ct. at 2593, n. 13, 61 L.Ed.2d at 245, n. 13. The Court concluded:

[W]e hold that the warrant requirement of the Fourth Amendment applies to personal luggage taken from an automobile to the same degree it applies to such luggage in other locations. Thus, insofar as the police are entitled to search such luggage without a warrant, their actions must be justified under some exception to the warrant requirement other than that applicable to automobiles stopped on the highway. Where — as in the present case — the police, without endangering themselves or risking loss of the evidence, lawfully have detained one suspected of criminal activity and secured his suitcase, they should delay the search thereof until after judicial approval has been obtained.

442 U.S. at 766, 99 S.Ct. at 2594, 61 L.Ed.2d at 246. In addition, Sanders recognized the possible validity of warrantless luggage searches under circumstances concerning public safety, and not a particular exigency. 442 U.S. at 764, n. 12, 99 S.Ct. at 2593 n. 12, 61 L.Ed.2d at 245, n. 12. In considering Sanders and Chadwick together, we do not find it surprising that Sanders failed to discuss the concept of inventory searches. Both cases involved probable cause to search for contraband and consequently, both opinions accentuated the warrant requirement in such cases. In connection with this discussion, the majority opinion in Chadwick acknowledged that the Court had held warrantless searches unreasonable, and therefore unconstitutional, in a variety of settings, but noted:

In circumstances involving noncriminal inventory searches, where probable cause to search is irrelevant, we have recognized "that search warrants are not required, linked as the warrant requirement textually is to the probable-cause concept." South Dakota v. Opperman, 428 U.S. 364, 370, n. 5, 96 S.Ct. 3092, 3097, n. 5, 49 L.Ed.2d 1000 (1976). This is so because the salutary functions of a warrant simply have no application in that context; the constitutional reasonableness of inventory searches must be determined on other bases.

433 U.S. at 10, n. 5, 97 S.Ct. at 2483 n. 5. Thus, we are of the opinion that consideration *247 of the inventory search (or protective safety search for weapons) issue, not raised in either Sanders or Chadwick, is not precluded by the holdings or rationale of either case. Several post-Chadwick cases expressly or impliedly recognize this. United States v. Bloomfield, 594 F.2d 1200 (8th Cir.1979); Mooney v. State, 243 Ga. 373, 254 S.E.2d 337, 343-346 (1979) cert. denied, 444 U.S. 475, 100 S.Ct. 472, 62 L.Ed.2d 116 (1979); People v. Merchant, 86 Mich. App. 355, 272 N.W.2d 656, 658-659 (1979); United States v. Hill, 458 F. Supp. 31, 34 (D.C. 1978).

We must decide next whether the search here was a valid protective search. To guide us in this determination, we should first recognize some basic principles which have been developed in our state in this area. In Elson v. State, 337 So.2d 959, 963 (Fla. 1976), quoting State v. Jenkins, 319 So.2d 91, 93 (Fla. 4th DCA 1975), with approval, our Supreme Court recognized the serious intrusion which occurs in an inventory case involving the search of personal belongings:

Regardless of the resort to a play on semantics suggesting that a distinction exists between an `inventory' and a `search' an `inventory' search is a `search' within the Fourth Amendment prohibition against unreasonable searches and seizures — A rose by any other name would smell as sweet — Shakespeare.

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

Related

State v. Padilla
728 A.2d 279 (New Jersey Superior Court App Division, 1999)
Stone v. State
547 So. 2d 158 (District Court of Appeal of Florida, 1989)
Lightbourne v. State
438 So. 2d 380 (Supreme Court of Florida, 1983)
State v. Gelvin
318 N.W.2d 302 (North Dakota Supreme Court, 1982)
Williams v. State
400 So. 2d 988 (District Court of Appeal of Florida, 1981)
Hicks v. State
398 So. 2d 1008 (District Court of Appeal of Florida, 1981)
Knight v. State
398 So. 2d 908 (District Court of Appeal of Florida, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
384 So. 2d 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delatte-v-state-fladistctapp-1980.