State v. Daniels

576 So. 2d 819, 16 Fla. L. Weekly 683
CourtDistrict Court of Appeal of Florida
DecidedMarch 13, 1991
Docket90-0395
StatusPublished
Cited by10 cases

This text of 576 So. 2d 819 (State v. Daniels) 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. Daniels, 576 So. 2d 819, 16 Fla. L. Weekly 683 (Fla. Ct. App. 1991).

Opinion

576 So.2d 819 (1991)

STATE of Florida, Appellant,
v.
Margretta DANIELS, Appellee.

No. 90-0395.

District Court of Appeal of Florida, Fourth District.

March 13, 1991.
Rehearing Denied April 17, 1991.

*820 Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

The state appeals the trial court's order that granted appellee's motion to suppress physical evidence and statements.

Appellee Margretta Daniels [Daniels], a black woman, was seated on a bench at a train station in Fort Lauderdale waiting to board a northbound train. There were two pieces of luggage on the ground in front of her, a tote bag and a suitcase that her coat was draped over. A man and a woman *821 dressed in street clothes approached Daniels and identified themselves as Broward County Deputy Sheriffs. They asked Daniels if she had time to speak to them and asked to see her train ticket and some identification, which were promptly returned to her. The deputies then explained that the transportation of illegal drugs and firearms is a problem in South Florida and that they were seeking the public's cooperation by asking to search the luggage of train passengers. They told Daniels that she could refuse to allow them to search her luggage and asked if she had any luggage. Daniels indicated that the tote bag belonged to her and the gentleman sitting next to her, but she denied owning the suitcase. The gentleman consented to the search of the tote bag, but also denied owning the suitcase. Because no one claimed the suitcase, the deputies opened it and found papers in Daniels' name and cocaine. Daniels then claimed the suitcase belonged to her.

THE SEIZURE

Daniels relies on Bostick v. State, 554 So.2d 1153 (Fla. 1989). The issue in Bostick was whether an impermissible seizure results when police mount drug searches on buses during scheduled stops and question boarded passengers without articulable reasons for doing so, and thereby obtain consent to search the passenger's luggage. The supreme court found such conduct did result in an impermissible seizure. Id. at 1154. Citing United States v. Mendenhall, 446 U.S. 544, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980) the supreme court stated that the crucial question is "whether, under all the circumstances, a reasonable person would have believed he was not free to leave." Id. at 1157.

The Bostick court considered the following circumstances: the officers were wearing raid jackets clearly identifying them as officers; Bostick was approached during a five minute layover; he was asked to produce his identification and indicate his destination; during questioning one of the officers stood in such a way as to block the only possible exit from the bus; Bostick testified that while the officers spoke with him, one of them had his hand on a pouch that appeared to contain a gun; because he was on his way to Atlanta, he could not leave the bus; he had only the confines of the bus itself in which to move about and he felt that the officers would not allow him to move about the bus. Under those circumstances, the supreme court concluded, a reasonable traveler would not have felt free to leave or to disregard the questions and walk away. In fact, the court noted, there was no place he might have gone to or walked away to, especially given the fact that his path was blocked by one officer and another had his hand on what Bostick assumed was a gun.

The state distinguishes the facts here from those in Bostick by pointing out that this encounter took place at the terminal with Daniels sitting on a bench and not on a bus or a train and that the encounter was not coercive because the officers made only a brief inquiry of Daniels, did not retain her identification, and did not block her path.

The state relies on Palmer v. State, 467 So.2d 1063 (Fla. 3d DCA 1985). In that case, officers approached Palmer at an Amtrak station, he voluntarily agreed to speak with the officers and allowed them to search his bag. The Palmer court found the encounter to be a mere contact that did not involve a constitutional seizure of Palmer's person, not requiring the existence of a prior founded suspicion of unlawful activity.

The state also relies on United States v. Fields, 909 F.2d 470 (11th Cir.1990). The Fields court disagreed with Bostick and found the opinion "disturbing." Id. at 473. The Fields court noted that the Eleventh Circuit had already approved Broward County's random searches of passengers on buses in United States v. Hammock, 860 F.2d 390, 393 (11th Cir.1988). The facts in Fields and in Hammock are identical to those in Bostick. The Fields opinion then provides a partial list of circumstances that would indicate an arrest or coerced consent:

*822 These circumstances include the blocking of an individual's path or the impeding of his progress, the retention of a ticket or piece of identification; an officer's statement that the individual is the subject of an investigation, or that a truly innocent person would cooperate with the law enforcement officer, the display of weapons, the number of officers present and their demeanor, the length of the detention, and the extent to which the officer physically restrained the individual.

Id. at 474 (quoting United States v. Hammock, 860 F.2d 390, 393 (11th Cir.1988)). Both the Fields and the Hammock opinions recognized the difficulties generated by what they termed "the inherent limitations on a bus passenger's freedom of movement," but concluded that drug interdiction efforts such as those used by Broward County were appropriate, especially where the officers were very careful to ensure that passengers would feel free to leave the bus. In a footnote the Fields court noted that most courts confronted with this issue focus on the position of the officers on the bus and the extent to which they might inhibit a passenger's movements. Id. at 474 n. 2. The opinion stresses that in the view of the Eleventh Circuit, the officer's location has little to do with the question of consent, the real problem being that the officer delays the progress of the bus while he remains on the bus and, thus, interferes with the public's right to travel. Id.

Sub judice, the trial court did not find that the officers blocked Daniels' path or impeded her progress, retained her ticket or her identification, advised her she was under investigation or that a truly innocent person would cooperate, displayed their weapons, or physically restrained Daniels.

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

Related

THOMAS HARGROVE v. STATE OF FLORIDA
District Court of Appeal of Florida, 2024
Davis v. State
226 So. 3d 318 (District Court of Appeal of Florida, 2017)
Justin Curtis Heyne v. State of Florida
214 So. 3d 640 (Supreme Court of Florida, 2017)
State v. Fosmire
135 So. 3d 1153 (District Court of Appeal of Florida, 2014)
Baggett v. State
849 So. 2d 1154 (District Court of Appeal of Florida, 2003)
Mori v. State
662 So. 2d 431 (District Court of Appeal of Florida, 1995)
Jones v. State
658 So. 2d 178 (District Court of Appeal of Florida, 1995)
Anderson v. State
616 So. 2d 638 (District Court of Appeal of Florida, 1993)
Moorehead v. State
590 So. 2d 51 (District Court of Appeal of Florida, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
576 So. 2d 819, 16 Fla. L. Weekly 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-daniels-fladistctapp-1991.