Ingram v. State

928 So. 2d 423, 2006 WL 1095848
CourtDistrict Court of Appeal of Florida
DecidedApril 27, 2006
Docket1D04-4947
StatusPublished
Cited by13 cases

This text of 928 So. 2d 423 (Ingram 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
Ingram v. State, 928 So. 2d 423, 2006 WL 1095848 (Fla. Ct. App. 2006).

Opinion

928 So.2d 423 (2006)

David A. INGRAM, Appellant,
v.
STATE of Florida, Appellee.

No. 1D04-4947.

District Court of Appeal of Florida, First District.

April 27, 2006.

*424 Michael Ufferman, of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant.

*425 Charlie Crist, Attorney General; Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.

BROWNING, J.

David A. Ingram (Appellant) was charged with one count of possessing or aiding and abetting the possession of listed precursor chemicals (pseudoephedrine and Red Devil lye) with the intent to manufacture a controlled substance (methamphetamine), a second-degree felony in violation of sections 893.149 & 777.011, Florida Statutes (2004); and one count of possession of drug paraphernalia, a first-degree misdemeanor in violation of section 893.147(1)(b), Florida Statutes (2004). Victor Brooks Wilson, a passenger in Appellant's vehicle, was named in the same information and was charged with the same offenses as Appellant, plus one count of actual or constructive possession of a controlled substance (methamphetamine), a third-degree felony in violation of section 893.13(6)(a), Florida Statutes (2004). The alleged offenses occurred on April 21, 2004. After the trial court denied Appellant's legally dispositive motion to suppress evidence, he entered a plea of no contest to both counts, reserving the right to appeal the denial of his motion to suppress. He was sentenced to three years' probation, conditioned upon his serving the first nine months in the county jail. Appellant contends that the trial court reversibly erred in denying his motion to suppress. Concluding that the trial court reached the right result, we affirm the convictions and sentences. See Robertson v. State, 829 So.2d 901, 906-07 & n. 2 (Fla.2002) (describing the "tipsy coachman" principle of appellate law); Dade County Sch. Bd. v. Radio Station WQBA, 731 So.2d 638, 644-45 (Fla.1999).

The motion to suppress alleged that after Sergeant Johnson stopped Appellant's vehicle (the validity of which is unchallenged), the highway patrolman performed an illegal seizure and search of an item retrieved from Appellant's passenger, which led to the illegal arrest of the passenger, which was followed by an illegal search of the interior compartment of Appellant's vehicle, and which culminated in Appellant's arrest. Appellant sought to suppress the items found during the search. The State asserted that Appellant lacked standing to challenge the trooper's actions, absent any reasonable expectation of privacy in the contents of his passenger's pockets. Defense counsel argued that if an owner's vehicle is stopped, then a passenger also has standing to challenge the stop. Counsel argued that the converse is true too, so that Appellant had standing to challenge the search of his passenger. After the trial court delayed ruling on the question of Appellant's standing, the State presented its witness.

Sergeant Johnson, a 21-year employee of the Florida Highway Patrol, testified as follows regarding the events that led to the searches. On April 21, 2004, he was patrolling State Road 73 when he observed an approaching 4-door Ford pickup truck weaving within its own lane. As the trooper turned around, he saw the truck run completely off the road. He initiated a traffic stop and observed two men inside the truck. Appellant was the driver; Victor Brooks Wilson was the passenger. As the trooper approached the vehicle, he observed the two occupants moving around and apparently trying to conceal something in the center console. The passenger was looking back at the trooper through the rear glass of the truck.

When Sergeant Johnson asked Appellant to get out of the truck and produce his driver's license and vehicle registration, Appellant seemed extremely nervous. In fact, once he stepped to the rear of the vehicle, Appellant had to hold on to the *426 tailgate to keep from falling. Although Appellant did not smell like alcohol, the trooper noticed Appellant had watery and bloodshot eyes, pinpoint pupils, and slurred speech. Additionally, the trooper testified he had observed white powder around Appellant's nostril. He suspected that Appellant might be under the influence of some type of narcotic. Appellant was asked to remain standing behind the tailgate so the trooper could speak to the passenger.

As Sergeant Johnson approached the passenger's side of the truck, he became suspicious because "Mr. Brooks" [sic] was sitting in the front seat with his hand down inside the front of his pants. Simultaneously, the passenger appeared to be trying to observe what was happening through the rear window of the truck. When he was asked for identification, the very nervous passenger asked if he could step outside the vehicle. As the passenger exited the truck and patted himself down looking unsuccessfully for an I.D., the trooper noticed a small, round bulge in the passenger's pants pocket. When the trooper inquired about the nature of the object, the passenger reached into his pocket and removed a very old glass Carmex lip balm jar with a metal cap or lid on it. The closed container was about the size of a quarter or half-dollar. From his extensive training and experience, Trooper Johnson knew that Carmex containers are very useful and popular among substance abusers for concealing cocaine, marijuana, and crystal methamphetamines because the glass jar will not absorb the product stored in it. When the passenger removed the Carmex container, he held it out in his open palm as if intending to present it to the trooper. When the trooper asked what was inside the container, the passenger said nothing; when the trooper asked if he could look inside it, the passenger held out the container even closer to the trooper. Trooper Johnson received the Carmex jar from the passenger, shook it, and detected something loose inside, although he knew that lip balm "doesn't shake." The trooper then unscrewed the lid and observed a white, powdery crystal substance that (given his training and experience) looked like crystal methamphetamine. He arrested the passenger and handcuffed him, left hand to left hand, to Appellant to prevent their escaping.

Sergeant Johnson then searched the inside compartment of the vehicle where the passenger had sat. The search revealed a Benzomatic butane lighter and numerous (about 150) match striker plates, i.e., (according to the trooper) more than would be used by a typical smoker, scattered in the open center console. The trooper also found two ordinary prescription pill bottles (bearing Appellant's name and indicating they both contained Xanax) in the center console. Without picking up or opening the containers, the trooper could see that they contained different types of pills. Upon opening one pill container, he saw what appeared to be a small, round pill, which he believed was Xanax. The second pill container had three different types of pills that were different from the pill in the first bottle. Trooper Johnson arrested Appellant for possession of prescription medicine based on the non-Xanax pills.

The trooper later found some razors or straight razor blades underneath other items in the open center overhead console. Each razor blade appeared to have red phosphorus from the striker plates on it. Most of the items recovered during the initial search were in plain view. After a back-up officer arrived, Appellant and the passenger were placed in separate patrol vehicles.

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Cite This Page — Counsel Stack

Bluebook (online)
928 So. 2d 423, 2006 WL 1095848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ingram-v-state-fladistctapp-2006.