Roche v. State

462 So. 2d 1096, 10 Fla. L. Weekly 72
CourtSupreme Court of Florida
DecidedJanuary 24, 1985
Docket65022
StatusPublished
Cited by2 cases

This text of 462 So. 2d 1096 (Roche v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roche v. State, 462 So. 2d 1096, 10 Fla. L. Weekly 72 (Fla. 1985).

Opinion

462 So.2d 1096 (1985)

James William ROCHE, Petitioner,
v.
STATE of Florida, Respondent.

No. 65022.

Supreme Court of Florida.

January 24, 1985.

*1097 Fred Haddad of Sandstrom & Haddad, Fort Lauderdale, for petitioner.

Jim Smith, Atty. Gen. and Wallace E. Albritton, Asst. Atty. Gen. and Frank A. Graham, Resident Counsel, Dept. of Agriculture, Tallahassee, for respondent.

EHRLICH, Justice.

We examine the decision of the First District Court of Appeal, Roche v. State, 447 So.2d 890 (Fla. 1st DCA 1984), in light of a question certified as being of great public importance, pursuant to jurisdiction granted in article V, section 3(b)(4), Florida Constitution.

Roche, driving a van, failed to stop at an agricultural inspection station on Interstate 75. He was stopped by a Hamilton County deputy sheriff and ordered to return for inspection. At the station, an agricultural inspector discovered a locked compartment which Roche refused to open. The inspector neither saw nor smelled marijuana. Nonetheless, he procured a regulatory search warrant, pursuant to section 570.15, Florida Statutes (1980), and upon opening the compartment, discovered more than five hundred pounds of marijuana. After Roche and the van had been taken into custody, a flight bag belonging to Roche was found in the van. The police, without a warrant, opened the bag and discovered a calculator containing a list of weights corresponding to the bale numbers and weights.

Roche was tried and convicted on trafficking charges. He appealed on grounds (among others) that the trial court had erred in denying his motion to suppress the contraband as fruit of an illegal search, arguing that the basis for issuance of a regulatory search warrant did not fulfill the constitutional requirements of article I, section 12, Florida Constitution. The district court of appeal affirmed the trial court's decision.

In his petition for rehearing, Roche directed the court's attention to Lake Butler Apparel Co. v. Department of Agriculture and Consumer Services, 551 F. Supp. 901 (M.D.Fla. 1982), in which the United States District Court had declared section 570.15, Florida Statutes, unconstitutional. The First District Court of Appeal adhered to its original affirmance, but certified the *1098 following question as being of great public importance:

DOES SECTION 570.15, FLORIDA STATUTES, VIOLATE THE FOURTH AMENDMENT OF THE UNITED STATES CONSTITUTION IN THAT IT ALLOWS ADMINISTRATIVE SEARCHES WITHOUT A SHOWING OF `PROBABLE CAUSE' AND WITHOUT AN `ADMINISTRATIVE PLAN CONTAINING SPECIFIC NEUTRAL CRITERIA?'

447 So.2d at 891-92.

Section 570.15, Florida Statutes (1980) provides:

570.15 Access to places of business and vehicles. —
(1)(a) The commissioner, inspectors, road guard inspection special officers, and such other employees and officers of the department, as designated by the commissioner in writing, shall have full access at all reasonable hours to all:
1. Places of business;
2. Factories;
3. Farm buildings;
4. Carriages;
5. Railroad cars;
6. Trucks;
7. Motor vehicles, except private passenger automobiles with no trailer in tow, travel trailers, camping trailers, and motor homes as defined in s. 320.01(1)(b);
8. Truck and motor vehicle trailers;
9. Vessels; and
10. All records or documents pertaining thereto
which are used or are of a type which could be used in the production, manufacture, storage, sale, or transportation within the state of any food product; any agricultural, horticultural, or livestock product; or any article or product with respect to which any authority is conferred by law on the department.
(b) If such access is refused by the owner, agent, or manager of any premises or by the driver or operator of any vehicle which an inspector or road guard inspection special officer has reason to believe is subject to inspection under this section, such inspector or officer may apply for, obtain, and execute a search warrant for regulatory inspection after stating under oath that:
1. He has reason to believe that the premises or vehicle is subject to inspection pursuant to paragraph (a);
2. The vehicle sought to be inspected has had reasonable notice to stop for inspection; and
3. The owner, agent, manager, driver, or operator of the premises or vehicle has refused access for regulatory inspection.
Application for a search warrant shall be made in the county in which the premises are located or, in the case of a vehicle to which access is refused, in the county in which such refusal occurs. The provisions of chapter 933, relating to probable cause for the issuance of search warrants, shall not apply to this section.
(c) Such departmental officers, employees, and road guard inspection special officers may inspect any premises or vehicle referred to in paragraph (a) and may examine and open any package or container of any kind containing or believed to contain any article or product which may be transported, manufactured, sold, or exposed for sale in violation of the provisions of this chapter, the rules of the department, or the laws which the department enforces and may inspect the contents thereof and take therefrom samples for analysis.
(2) It shall be unlawful for the driver of any vehicle, other than one exempted in subparagraph 7. of paragraph (a) of subsection (1), to pass any official road guard inspection station without first stopping and submitting the vehicle for inspection. A violation of this subsection shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Every law enforcement officer is authorized to assist employees of the department listed in subsection (1) in the enforcement of subsection (2). Such officer *1099 is authorized to stop and detain any vehicle and its driver who has failed to comply with subsection (2) until an employee of the department arrives to conduct the inspection required by law. Such law enforcement officer or a road guard inspection special officer may require the driver to return with his vehicle to the road guard inspection station where the driver failed to stop the vehicle for inspection.
(4) No civil or criminal liability shall be imposed upon any person who is authorized to enforce or assist in enforcement of the provisions of this section and who is lawfully engaged in such activity.[1]

In holding the statute unconstitutional, in Lake Butler Apparel Co.,[2] United States District Judge W. Terrell Hodges held that the state of Florida, through the Department of Agriculture's Road Guard Bureau was "conducting random stops and searches of motor vehicles ... for the purpose of enforcing the regulatory laws within its jurisdiction." 551 F. Supp. at 904.

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462 So. 2d 1096, 10 Fla. L. Weekly 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roche-v-state-fla-1985.