Eddie Tyler v. State of Florida

185 So. 3d 659, 2016 Fla. App. LEXIS 1811, 2016 WL 514244
CourtDistrict Court of Appeal of Florida
DecidedFebruary 10, 2016
Docket4D14-449
StatusPublished
Cited by2 cases

This text of 185 So. 3d 659 (Eddie Tyler v. State of Florida) 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
Eddie Tyler v. State of Florida, 185 So. 3d 659, 2016 Fla. App. LEXIS 1811, 2016 WL 514244 (Fla. Ct. App. 2016).

Opinion

CIKLIN, C.J.

After his motion to suppress was denied, the appellant pled guilty to the charge of being a delinquent in possession of ammunition. He reserved his right to appeal the suppression ruling, which is dispositive. We agree with the appellant that the state did not meet its burden in establishing an exception to the warrant requirement for searches, and we reverse.

The evidence at the suppression hearing revealed the following. An officer with the Riviera Beach Police Department encountered the appellant, who was the passenger in a vehicle, during a traffic stop. Upon discovering the driver’s license of the driver was suspended, the officer placed the driver under arrest. .During a search of the driver incident to. arrest, the officer came upon an unspecified- amount of marijuana in the driver’s pocket.

The vehicle did not belong to either the driver or the appellant, and the officer was unable to contact the owner. . The officer arranged, to have the vehicle towed. Meanwhile, the officer conducted an inventory of the vehicle. In the trunk of the vehicle, the officer found a suitcase with the appellant’s name written on it. The suitcase contained identification cards for the appellant. The officer observed an open pocket on the front of the suitcase; the pocket contained a black sock tied in a knot with “little' bumps inside it.” The officer opened the sock and discovered seventeen “live ammunitions” nestled within. After the officer arrested the appellant, the appellant admitted that the contents of the suitcase belonged to him.

The officer testified that, while conducting the inventory search, he made a log, pursuant to the department’s impoundment policy. He had been trained in conducting inventory searches of vehicles. During that framing, he learned that “if we go to tow the vehicle all the contents inside the vehicle [have] to be documented ás for liability reasons.”

The state introduced the department’s impoundment policy, which provided- that an arrest of an individual who is driving a vehicle “will- result in the vehicle being towed to an approved storage facility by the authorized towing firm,” and that “[a]n inventory search, will be conducted and a log will be produced of all vehicles authorized to be towed- by. the Police Department.” The state also introduced the department’s policy on search and seizure, *662 which appears tó be a summation of case law on search and seizure, some of which was outdated. Neither policy spelled out the department’s policy -.for inventory searches upon impoundment of a vehicle. The officer testified that pursuant to the search and seizure policy, an “officer may as incident to an arrest search the entire passenger compartment of the vehicle and any contents ... found therein whether opened or closed without the requirements of probable cause.” Thus, he has always searched all containers in a vehicle while conducting an inventory as that was the procedure he was taught.

As a preliminary matter, we address standing, an issue not raised by the parties below or on appeal. Although the appellant did not own the vehicle, the evidence established his possessory interest in the suitcase and its contents. Thus, he established his standing to contest the search of those items. See State v. Hernandez, 718 So.2d 833, 836 (Fla. 3d DCA 1998).

We turn now to the merits. “A warrantless search is per se unreasonable under the Fourth Amendment subject to a few well-defined exceptions. The state has the burden to prove that an exception to the warrant requirement applies.” Kilburn v. State, 54 So.3d 625, 627 (Fla. 1st DCA 2011) (internal citation omitted). In this case, the state relied on the inventory search exception. Our courts have elaborated on the exception:

An inventory search serves the needs of protection of the owner’s property, and protection of police against potential danger from such things as explosives. For an inventory search to satisfy the fourth - amendment, law enforcement must conduct the search “in good faith and not use the inventory search as a subterfuge to conduct a warrantless search for incriminating evidence.” -In addition, the impoundment and inventory of a vehicle and its contents must be performed in accordance with the governmental entity’s standardized operating procedures.

Williams v. State, 903 So.2d 974, 976-77 (Fla. 4th DCA 2005) (internal citation omitted); see also Leary v. State, 880 So.2d 776, 778 (Fla. 5th DCA 2004) (‘'[Standardized criteria or routines must be established to regulate inventory searches. The police ’activity challenged must be in conformity with those procedures.” (citations omitted)); Patty v. State, 768 So.2d 1126, 1127 (Fla. 2d DCA 2000) (“[A]n impoundment and inventory search must be conducted according to standardized criteria.”) “[T]hese standardized procedures, which limit police discretion in determining the scope of the inventory search, ensure that the police will not abuse this exception tq the warrant requirement.” Pat ty, 768 So.2d at 1127. Further:

The validity of an inventory search relies on its purpose. The court must determine whether the impoundment of the vehicle was justified, and not just a pretext to an exploratory search of a vehicle. In making that determination, the court should consider the reason for the impoundment.

Williams, 903 So.2d at 977 (internal citation omitted).

Accordingly, if a department’s standard inventory procedure calls for the opening of closed' containers, then such action can be found to be a reasonable part of an inventory search. See State v. Wells, 539 So.2d 464, 469 (Fla.1989). However, the inventory policy does not need to mandate that all container? either be opened or that no containers be opened:

[I]n forbidding uncanalized discretion to police officers conducting inventory *663 searches, there is no reason to insist that they be conducted in a totally mechanical “all or nothing” fashion. “[I]n-ventory procedures serve to protect an owner’s property while it is in the custody of the police, to insure against claims of lost, stolen, or vandalized property, and to guard the police from danger.” A police officer may be allowed sufficient latitude to determine whether a particular container should or should not be opened in light of the nature of the search and characteristics of the container itself. Thus, while policies of opening all containers or of opening no containers are unquestionably permissible, it would be equally permissible, for example, to allow'the opening of closed containers whose contents officers determine they are unable to ascertain from examining the containers’ exteriors. The allowance of the exercise of judgment based on concerns related to the purposes of an inventory search does not violate the Fourth Amendment.

Florida v. Wells, 495 U.S. 1, 4, 110 S.Ct. 1632, 109 L.Ed.2d 1 (1990) (citations omitted). In sum, although officers have some discretion with respect to inventory searches, there must be evidence of the department’s procedures for such searches.

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

Related

State of Iowa v. Bion Blake Ingram
914 N.W.2d 794 (Supreme Court of Iowa, 2018)
Tyler v. State
217 So. 3d 1052 (District Court of Appeal of Florida, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
185 So. 3d 659, 2016 Fla. App. LEXIS 1811, 2016 WL 514244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eddie-tyler-v-state-of-florida-fladistctapp-2016.