State v. McLaughlin

454 So. 2d 617
CourtDistrict Court of Appeal of Florida
DecidedJuly 5, 1984
Docket83-1000
StatusPublished
Cited by11 cases

This text of 454 So. 2d 617 (State v. McLaughlin) 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. McLaughlin, 454 So. 2d 617 (Fla. Ct. App. 1984).

Opinion

454 So.2d 617 (1984)

STATE of Florida, Appellant,
v.
Timothy Kevin McLAUGHLIN, Appellee.

No. 83-1000.

District Court of Appeal of Florida, Fifth District.

July 5, 1984.
Rehearing Denied August 22, 1984.

*618 Jim Smith, Atty. Gen., Tallahassee, and Mark Menser, Asst. Atty. Gen., Daytona Beach, for appellant.

Stuart I. Hyman of NeJame & Hyman, P.A., Orlando, for appellee.

COBB, Chief Judge.

The state appeals a suppression order arising from a unique factual background. The facts adduced at the suppression hearing below reveal the following:

On January 12, 1983, between 11:00 P.M. and midnight, Officer Little of the Sanford Police Department was driving his patrol car through the parking lot of a condominium complex which connected with an adjoining street when he saw a small box in an undesignated parking space. He stopped his car and shined a flashlight on the box, which appeared to him to be a "money box." He picked it up and determined it to be rather heavy. He shook the box, which was locked, and heard what sounded like coins. As Officer Little was taking the box to his patrol car, a car approached and the defendant, McLaughlin, exited the passenger side and asked Little if he had just found the box. The officer stated he had, whereupon McLaughlin said the box and its contents were his. Little then asked him what was in the box and McLaughlin responded that it contained money belonging to him. Little asked McLaughlin if he had a key to the box and McLaughlin told him he did not have one with him or at his apartment, but that his brother had a key. During this conversation, McLaughlin told Little that he lived in the condominium complex where the box was located. After taking down McLaughlin's name and address from his license, Little told him he was taking the box to the police station and would return it to him when he could produce a key and identify the contents.

Little then left the parking lot and drove to a convenience store where he met his sergeant. After they discussed how they would determine ownership of the box, Little drove to the police station, where he got a ring of keys from his own car, returned to the patrol car and tried the keys in the box lock. At this point, he did not have an inventory checklist. He opened the box with one of the keys, and discovered two zip-lock type clear bags in the box, one containing a white powder and the other a hard substance. He felt the contents were drugs. He closed the box, brought it into the police station and contacted his supervisor. When his supervisor arrived, they *619 opened the box but no inventory was made then. An inventory was made when Officer Little gave the box to the custodian in the morning. Officer Little said that had McLaughlin produced a key at the scene and unlocked but not opened the box, he would have "probably" given the box to him. However, later he indicated that he would have wanted McLaughlin to identify the contents.

Presented with the foregoing, the trial court rendered the following order of suppression, from which the state appeals:

ORDER
THIS CAUSE came on for consideration pursuant to the Defendant's Motion to Suppress and the Court having heard testimony, argument of Counsel and having read a number of Appellate Court decisions and the Court being fully advised in the premises finds as follows:
1. That the box containing the cocaine was found in the common area of the condominium association in a parking space in front of Defendant's residence. The parking space was not designated as Defendant's parking space but was in the vicinity of the condominium unit where he resided. This area, while not a private area for Defendant, was not a public area since it was in the common area for all residents of the condominium association.
2. In order to establish a zone of privacy upon which the government may not intrude without first obtaining a Search Warrant, a person must show an actual expectation of privacy in the area in question and that the expectation of privacy is in an area that society is prepared to recognize as reasonable. State v. Parker, 399 So.2d 24 (Fla. 3d DCA 1981). Since the area in which the box was found was a common area as opposed to a public area the Defendant had a reasonable expectation of privacy.
3. The contents of the box were not in plain view. The box was searched by the police at the Sanford Police Department after taking the box from the condominium area. The search of the box was not a valid inventory or protective search for which a Search Warrant would not be required. The box could have been reasonably sealed, inventoried and stored pending issuance of a Search Warrant since the police had complete control over the box. State v. Southwell, 369 So.2d 371 (Fla. 1st DCA 1979).
4. The police had no probable cause to believe that the box constituted contraband, instrumentalities or evidence of a crime.
5. Considering the totality of the circumstances, the Court specifically finds that the box had not been abandoned, that the Defendant had a reasonable expectation of privacy and that there was no probable cause for a search of the box without a Search Warrant. It is, therefore,
ORDERED AND ADJUDGED that the evidence, to-wit: cocaine found in the box be and the same is hereby suppressed.
DONE AND ORDERED in Chambers, at Sanford, Seminole County, Florida, this 17th day of June, 1983.

The state first argues on appeal that McLaughlin lacked standing to assert his motion to suppress because he had no legitimate expectation of privacy in the condominium parking lot, which was open and accessible to multiple persons, including Officer Little. This argument is specious, however, because McLaughlin, as the asserted owner of the locked box, would have an owner's reasonable expectation of privacy as to its contents. Based on that assertion, he has standing to challenge the impoundment of the box and the consequent search of its contents. See United States v. Salvucci, 448 U.S. 83, 100 S.Ct. 2547, 65 L.Ed.2d 619 (1980).

The real issue in this cause is set forth in the state's second point on appeal, to-wit: whether the box was legally seized and inventoried as lost (or abandoned) property. The state concedes that seizure and search of the box cannot be based on probable cause to believe a crime had been committed, *620 and that no search warrant could have been obtained. Instead, it argues that the box was lost property and that the contents were inventoried in an administrative search to ascertain the true owner. Purely administrative searches conducted to merely record the contents of a parcel are a recognized exception to the warrant requirement, says the state, relying primarily on two United States Supreme Court cases: Illinois v. Lafayette, 462 U.S. 640, 103 S.Ct. 2605, 77 L.Ed.2d 65 (1983), and South Dakota v. Opperman, 428 U.S. 364, 96 S.Ct. 3092, 49 L.Ed.2d 1000 (1976).

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Bluebook (online)
454 So. 2d 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mclaughlin-fladistctapp-1984.