Soca v. State

673 So. 2d 24, 1996 WL 196588
CourtSupreme Court of Florida
DecidedApril 25, 1996
Docket86284
StatusPublished
Cited by30 cases

This text of 673 So. 2d 24 (Soca 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
Soca v. State, 673 So. 2d 24, 1996 WL 196588 (Fla. 1996).

Opinion

673 So.2d 24 (1996)

Juan SOCA, Petitioner,
v.
STATE of Florida, Respondent.

No. 86284.

Supreme Court of Florida.

April 25, 1996.

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Assistant Public Defender, Miami, for Petitioner.

Robert A. Butterworth, Attorney General and Michael J. Neimand, Assistant Attorney General, Miami, for Respondent.

PER CURIAM.

We have for review Soca v. State, 656 So.2d 536 (Fla. 3d DCA 1995), which expressly and directly conflicts with our opinion in *25 Grubbs v. State, 373 So.2d 905 (Fla.1979). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Because the district court failed to apply and follow our holding in Grubbs, we quash Soca.

FACTS

The defendant, Juan Soca, who was on probation for two previous criminal convictions, lived in Monroe County with his parents in their house trailer. An investigator from the Monroe County State Attorney's office contacted Lisa Kaminski, the defendant's probation supervisor, and advised her that he believed Soca was dealing in cocaine. When Ms. Kaminski reviewed the defendant's files, she found that he had tested positive for cocaine in his most recent urinalysis. Based upon this information, Ms. Kaminski instructed the defendant's probation officer to search the defendant's residence for contraband which might indicate that the defendant had violated the terms of his probation.

The probation officer and the investigator went to the defendant's trailer and, when the defendant arrived at the trailer twenty minutes later, the probation officer informed the defendant that he was going to search the trailer in order to monitor compliance with the terms of the defendant's probation. The defendant told him to go ahead and perform the search, which the probation officer conducted himself. The search revealed cocaine hidden under the floor of a hallway closet in the trailer. No search warrant was ever sought or obtained, and the investigator testified that he consciously decided not to seek a warrant from a neutral magistrate but rather to have the probation authorities conduct the search.

After Soca was charged with possession of cocaine, he moved to suppress, arguing that the warrantless search of his trailer barred the use of the fruits of the search in any proceedings other than his probation revocation proceedings. The trial court denied the motion and Soca was subsequently convicted by a jury and sentenced to fifteen years imprisonment. He also pled guilty to two counts of violating probation, and was sentenced to one year on each violation, with all sentences to run concurrently. The Third District affirmed and held that the trial court properly denied Soca's motion to suppress.

GRUBBS

This Court has held that a warrantless search of a probationer's person or residence by a probation supervisor is valid to the extent that the evidence discovered in the search may be used in probation revocation proceedings. Grubbs v. State, 373 So.2d 905, 907 (Fla.1979). However, in Grubbs we expressly held that evidence obtained in a probationary search may not be admitted against the probationer in a separate criminal proceeding unless the search meets customary search and seizure standards established under article I, section 12 of the Florida Constitution. Id.[1] In his opinion for a unanimous court, Justice Overton summarized the holding of Grubbs:

In summary, the fourth amendment ordinarily applies to a probationer when evidence is used to prove a separate criminal offense although the probationer's status gives the probation supervisor standing to be in locations not ordinarily available to law enforcement officers. Further, when either probation supervisors or law enforcement officers seek a warrant, the probationary status may be used as a factor to establish probable cause.

Id. at 910.

THE SEARCH OF SOCA'S TRAILER

In this case, none of the parties contend that the State did not have the opportunity to seek a search warrant. To the contrary, the record indicates that the prosecutor made a conscious choice not to seek a warrant and instead allow the search to be conducted pursuant to the supervisory authority granted probation supervisors in Grubbs. Soca *26 does not dispute the fact that the evidence seized during the search of his parents' trailer could be used against him in probation violation proceedings.

The State acknowledges the holding of Grubbs and further acknowledges that the Department of Corrections (DOC) has codified the Grubbs rule in its Community Control Implementation Manual (hereinafter CCIM).[2] In this case, the search of Soca's trailer was carried out by probation authorities in a manner consistent with DOC procedures and, as all parties agree, in accord with Grubbs.

THE PRIMACY OF THE FLORIDA CONSTITUTION AND CASELAW

Our holding in Grubbs was expressly predicated upon the protections afforded our citizens against unreasonable searches and seizures set out in the Florida Constitution. The State contends that our ruling in Grubbs has been superseded by the holdings of the United States Supreme Court and an amendment to our state constitution requiring us to apply U.S. Supreme Court decisions to Florida search and seizure issues.

In 1982, article I, section 12 of the Florida Constitution, relating to search and seizure, was amended to read:

Searches and seizures.—The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution.

The underlined portions above constitute the 1982 amendment. However, in the absence of a controlling U.S. Supreme Court decision, Florida courts are still "free to provide its citizens with a higher standard of protection from governmental intrusion than that afforded by the Federal Constitution." State v. Lavazzoli, 434 So.2d 321, 323 (Fla.1983); *27 see also Traylor v. State, 596 So.2d 957, 961 (Fla.1992) (affirming the rule of primacy of Florida's constitution).

With the conformity clause amendment, we are bound to follow the interpretations of the United States Supreme Court with respect to the Fourth Amendment and provide to Florida citizens no greater protection than those interpretations. Bernie v. State, 524 So.2d 988, 990-91 (Fla.1988). However, when the United States Supreme Court has not previously addressed a particular search and seizure issue which comes before us for review, we will look to our own precedent for guidance. See Traylor; State v. Cross, 487 So.2d 1056, 1057 (Fla.), cert. dismissed, 479 U.S. 805, 107 S.Ct.

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Bluebook (online)
673 So. 2d 24, 1996 WL 196588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soca-v-state-fla-1996.