State v. Codner

696 So. 2d 806, 1997 WL 100951
CourtDistrict Court of Appeal of Florida
DecidedMarch 7, 1997
Docket94-04137
StatusPublished

This text of 696 So. 2d 806 (State v. Codner) 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
State v. Codner, 696 So. 2d 806, 1997 WL 100951 (Fla. Ct. App. 1997).

Opinion

696 So.2d 806 (1997)

STATE of Florida, Appellant,
v.
Joseph CODNER, Appellee.

No. 94-04137.

District Court of Appeal of Florida, Second District.

March 7, 1997.

*807 Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

No appearance for appellee.

PER CURIAM.

The state appeals an order suppressing both a lease agreement and nine pounds of cannabis, and an order dismissing the information against the appellee for possession of that cannabis. The pivotal issue is whether the lease seized from the appellee's wallet at *808 a routine border search was valid.[1] We hold that the scope of this border search and seizure which occurred at an international airport was not excessive and did not violate any Fourth Amendment rights of the appellee.

Most of the facts are undisputed. On November 3, 1993, the appellee attempted to board a flight for Jamaica at Tampa International Airport while carrying more than $10,000 in cash, without filing a report with the United States Customs Service (customs). The report is required by section 5316 of Title 31 of the United States Code which provides in pertinent part:

(a) ... [A] person ... shall file a report under subsection (b) of this section when the person, ... knowingly—(1) ... is about to transport, ... monetary instruments of more than $10,000 at one time— (A) from a place in the United States to or through a place outside the United States;...

When an inspector for customs asked him whether he was carrying more than $10,000, the appellee told her he had $8,000. She then asked him to empty his pockets and his bag, which revealed $11,033. Some of the money was found in envelopes labeled with different people's names, and some was found on his person and in his wallet.

Another inspector, Mullins, who was assisting in the counting of the currency found not only currency in the wallet but identification papers, a driver's license and a lease agreement for a mini-storage facility. A trained drug detecting dog alerted on the money while the inspectors counted it. The customs inspectors then turned the money and the wallet with its contents over to a special customs agent named Drewes.

Both inspectors testified that as each passenger entered the jetway for an international flight, the inspectors asked whether he or she was carrying more than $10,000 in monetary instruments or currency. Customs posted signs in the airport informing passengers exiting the country of the reporting requirement. Airport employees announced over the intercom while the passengers prepared to board flights leaving the United States that they are required to report over $10,000 in monetary instruments.

On discovering the violation, customs officials and a member of the Hillsborough County Sheriff's Office escorted the appellee to the nearby Federal Inspection Station (FIS) at the airport. The appellee was detained while being interviewed at the FIS by Special Agent Dalessandro. Detective Deleon of the Hillsborough County Sheriff's Office was the only other person present for the interview.

During the interview, after which the appellee had been read his Miranda[2] rights, he told them that he had been unemployed for over five years, had received a worker's compensation settlement of $39,000, and had kept the money in his residence as opposed to a financial institution. He told them he intended to spend the approximately $11,000 to build a residence in Jamaica. Inside the FIS, another dog trained for detecting drugs for customs alerted on one of the three to five envelopes lying on the floor there.

Dalessandro left the room during the interview at which point Drewes gave him the wallet containing the lease to the mini-storage facility. When Dalessandro returned to the room, he questioned the appellee about the lease. The appellee initially told him that he was a disc jockey at parties and kept equipment there. When asked whether he would consent to their looking inside the unit, the appellee became visibly upset and "leapt" out of his chair. He then denied his original story about being a disc jockey and further disclaimed any connection with the rental unit. After saying that nothing was in the storage unit, he changed his story back to the initial version stating that disc jockey equipment was in the unit.

*809 Although there was conflicting testimony as to whether Deleon received a photocopy of the lease from Dalessandro at the airport or from the manager of the storage facility at a later time, the judge believed that Deleon received a copy at the airport. Deleon's receipt of the lease at the airport is the "seizure" of which defense counsel complained to the trial court. Defense counsel successfully argued that it was at the moment the photocopied lease was delivered to Deleon that the permissive scope of the search was exceeded. In the trial court's words, the customs officers "exceeded the permissive scope of this warrantless stop by retrieving papers from the [appellee's] wallet, unfolding them, looking at them, photocopying them, and delivering the copies of the paperwork to members of the Hillsborough County Sheriff's Office." We disagree.

We must first determine whether the facts of this case fall into one of the many exceptions to the warrant requirement of the Fourth Amendment, particularly a border search. If the facts meet the prerequisites of a border search, we need determine only one last criteria: whether the search was routine versus nonroutine. If the search was routine, the search and seizure of the appellee's wallet at the airport did not exceed its rather broad and permissive scope.

A border search occurs either at a border or the functional equivalent of a border. An airport with incoming international flights has long been considered the functional equivalent of a border. Almeida-Sanchez v. United States, 413 U.S. 266, 274, 93 S.Ct. 2535, 2539, 37 L.Ed.2d 596 (1973). The courts generally have always permitted warrantless searches for people entering the country. See United States v. Ramsey, 431 U.S. 606, 616, 97 S.Ct. 1972, 1978, 52 L.Ed.2d 617 (1977) ("[t]hat searches made at a border, pursuant to the long-standing right of the sovereign to protect itself by stopping and examining persons and property crossing into this country, are reasonable simply by virtue of the fact that they occur at the border"); United States v. Montoya de Hernandez, 473 U.S. 531, 539-540, 105 S.Ct. 3304, 3309-3310, 87 L.Ed.2d 381 (1985) (expectation of privacy less at border than in the interior and the balance between the interests of the government and the privacy right of the individual should favor the government). Various established tests do exist for evaluating the particular circumstances of the search to determine whether the search occurred at the functional equivalent of a border. See United States v. Hill, 939 F.2d 934, 938 (11th Cir.1991).

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696 So. 2d 806, 1997 WL 100951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-codner-fladistctapp-1997.