Saturnino-Boudet v. State

682 So. 2d 188, 1996 WL 577399
CourtDistrict Court of Appeal of Florida
DecidedOctober 9, 1996
Docket91-875
StatusPublished
Cited by40 cases

This text of 682 So. 2d 188 (Saturnino-Boudet 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
Saturnino-Boudet v. State, 682 So. 2d 188, 1996 WL 577399 (Fla. Ct. App. 1996).

Opinion

682 So.2d 188 (1996)

Jose SATURNINO-BOUDET, Appellant,
v.
The STATE of Florida, Appellee.

No. 91-875.

District Court of Appeal of Florida, Third District.

October 9, 1996.
Rehearing Denied November 20, 1996.

*189 Sale & Kuehne, P.A. and Benedict P. Kuehne, Miami, for appellant.

Robert A. Butterworth, Attorney General and Joni Braunstein, Assistant Attorney General, for appellee.

Before NESBITT, GREEN and SHEVIN, JJ.

GREEN, Judge.

Appellant, Jose Saturnino-Boudet, appeals his conviction and sentence for drug trafficking charges. Boudet was convicted after he pled nolo contendere to the charges, but he specifically reserved his right to appeal the denial of his motion to suppress. We affirm the denial of this motion for the reasons which follow.

The salient facts are basically undisputed. In March 1989, the narcotics section of the Metro-Dade Police Department conducted a drug investigation at the South Dade home *190 of one William Daniels a/k/a "Pistol Pete". This investigation began when a package of narcotics mailed to Colorado was traced back to Daniels' residence. Two plain-clothed detectives, Richard Iturralde and Marsha Bales, went to Daniels' residence in an unmarked vehicle to investigate the package. They approached Daniels as he was standing at his mailbox, identified themselves as police officers and informed him that they were conducting a narcotics investigation. Detectives Iturralde and Bales then obtained Daniels' verbal consent to a search of his residence. At some point during the search, detective Iturralde exited Daniels' residence to place some items into his vehicle. While outside, Iturralde saw Boudet drive up and stop in front of Daniels' home. Iturralde asked Boudet whether he could assist Boudet with anything. Boudet inquired whether "Pete" was home. When Iturralde suddenly remembered that Daniels' nickname was "Pistol Pete", he responded yes. At this point Boudet parked his car and Iturralde approached him and identified himself as a police officer who was conducting a narcotics investigation. When Iturralde asked Boudet for identification, Boudet voluntarily exited his vehicle and left his driver's side door open.[1] Boudet produced his driver's license and after reviewing it, Iturralde started to return the license to Boudet. As Iturralde was doing this, detective Bales emerged from Daniels' residence to relay some information privately to Iturralde. Apparently, Bales and Daniels had been watching Iturralde's encounter with Boudet from inside of the home. During the search of his home, Daniels had begun to cooperate with the police and told Bales that Boudet was his drug supplier. Daniels further said that Boudet only came to his home to sell and deliver either cocaine or marijuana and that Boudet usually sold him drugs in "eights". Detective Bales relayed this information to detective Iturralde. Thereupon, Iturralde requested Boudet's consent to search his vehicle. Boudet refused to give consent to a search of his car.[2] At or about that time, both detectives Iturralde and Bales made a visual observation of a closed shoe box located on the front passenger's floor in Boudet's car as well as a jar of inositol located in the passenger's seat. Iturralde testified that in his experience as a narcotics detective, inositol, although a legal substance, was used primarily for "cutting" or diluting cocaine.

When Boudet declined to give his consent for a search of his car, Iturralde requested Boudet to accompany him inside of Daniels' residence. As Boudet sat down in the living room, he was read his Miranda rights[3] by another detective. Detective Bales telephoned for a police canine unit to come to the scene for the purpose of sniffing Boudet's car for the presence of drugs. Officer Jerry W. Hull of the canine unit arrived within approximately 30-40 minutes with a trained narcotics sniff dog. The dog was on a five foot leash and began to sniff outside of the left front of Boudet's car. As the dog passed the opened driver's door, the dog alerted to the positive presence of narcotics. Although leashed, the dog then aggressively leaped inside the front seat of Boudet's car and tore open the closed shoe box on the passenger's floorboard. The shoe box contained cocaine. The dog was then apparently removed from the car and ordered to continue the search of the remainder of the car. The dog gave a second positive alert at the seam of the passenger's door. Detective Iturralde was informed of the two positive alerts by the dog as well as the presence of cocaine in Boudet's car.

Boudet unsuccessfully moved to suppress the cocaine in the court below. On this appeal, Boudet argues that the trial court erred in denying his motion where Boudet was effectively arrested without probable cause when the police ordered him into Daniels' home to await the arrival of the police canine unit. He further asserts that the *191 subsequent dog search of his car was not supported by probable cause and the state offered no exigent circumstances to justify the warrantless search.

We disagree with Boudet's first contention that his 30-40 minute detention by the police to await the arrival of the police canine unit was the de facto equivalent of an arrest without probable cause. As both parties correctly recognize on this appeal, there are three levels of encounters between the police and citizenry. The first and least intrusive level is commonly referred to as the "consensual encounter." Florida v. Royer, 460 U.S. 491, 497-98, 103 S.Ct. 1319, 1324, 75 L.Ed.2d 229, 236 (1983); Cross v. State, 560 So.2d 228, 230 (Fla.1990); Thames v. State, 592 So.2d 733, 735 (Fla. 1st DCA), rev. denied, 599 So.2d 1280 (Fla.1992); State v. Simons, 549 So.2d 785, 786-87 (Fla. 2d DCA 1989). In the consensual encounter, an officer may question anyone on the street without founded suspicion, and unless the officer attempts to prevent the individual from exercising the right to walk away, any such questioning will usually constitute a consensual encounter rather than a stop. Royer, 460 U.S. at 497-98, 103 S.Ct. at 1323-24; State v. Starke, 574 So.2d 1214, 1215 (Fla. 2d DCA 1991); State v. Wilson, 566 So.2d 585, 587 (Fla. 2d DCA 1990). No Fourth Amendment protection is implicated at this level.

The second level of a police encounter involves the Terry stop[4] or the temporary investigative "stop and frisk". A Terry stop is permissible if the detention is temporary and reasonable under the circumstances and only if the police officer has a wellfounded suspicion that the individual detained has committed, is committing, or is about to commit a crime. E.g., Terry, 392 U.S. at 30, 88 S.Ct. at 1884; Reynolds v. State, 592 So.2d 1082 (Fla.1992); Simons, 549 So.2d at 787; see also § 901.151, Fla. Stat. (1995). This temporary detention is deemed to be a less intrusive invasion of privacy than a formal arrest and, therefore, may be constitutionally accomplished merely on articulable or founded suspicion of criminal activity. E.g., Adams v. Williams, 407 U.S. 143, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972); Terry, 392 U.S. at 30, 88 S.Ct. at 1884; Thomas v. State, 250 So.2d 15, 17 (Fla. 1st DCA 1971).

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

Related

LU JING v. STATE OF FLORIDA
District Court of Appeal of Florida, 2021
STATE OF FLORIDA v. LERONCE JALINE MEELIQUE CHEEKS
District Court of Appeal of Florida, 2020
Xavier Young v. State of Florida
270 So. 3d 471 (District Court of Appeal of Florida, 2019)
Jahquell Davis v. State
253 So. 3d 1234 (District Court of Appeal of Florida, 2018)
Timothy E. Burnett v. State
246 So. 3d 516 (District Court of Appeal of Florida, 2018)
I.G. v. State
245 So. 3d 897 (District Court of Appeal of Florida, 2018)
State v. Leach
170 So. 3d 56 (District Court of Appeal of Florida, 2015)
Reza v. State
163 So. 3d 572 (District Court of Appeal of Florida, 2015)
M.J. v. State
121 So. 3d 1151 (District Court of Appeal of Florida, 2013)
State v. KN
66 So. 3d 380 (District Court of Appeal of Florida, 2011)
Fernandez v. State
57 So. 3d 915 (District Court of Appeal of Florida, 2011)
Mathis v. Coats
24 So. 3d 1284 (District Court of Appeal of Florida, 2010)
State v. Reyes
4 So. 3d 46 (District Court of Appeal of Florida, 2009)
Griggs v. State
994 So. 2d 1198 (District Court of Appeal of Florida, 2008)
Kollmer v. State
977 So. 2d 712 (District Court of Appeal of Florida, 2008)
J.M.C. v. State
962 So. 2d 960 (District Court of Appeal of Florida, 2007)
Coney v. State
912 So. 2d 348 (District Court of Appeal of Florida, 2005)
Maragh v. State
905 So. 2d 207 (District Court of Appeal of Florida, 2005)
Holden v. State
877 So. 2d 800 (District Court of Appeal of Florida, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
682 So. 2d 188, 1996 WL 577399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saturnino-boudet-v-state-fladistctapp-1996.