State v. Ross

209 So. 3d 606, 2016 Fla. App. LEXIS 18209
CourtDistrict Court of Appeal of Florida
DecidedDecember 9, 2016
DocketCase 2D15-3682
StatusPublished
Cited by2 cases

This text of 209 So. 3d 606 (State v. Ross) 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. Ross, 209 So. 3d 606, 2016 Fla. App. LEXIS 18209 (Fla. Ct. App. 2016).

Opinion

SALARIO, Judge.

This is an appeal by the State of an order suppressing evidence on grounds that it was obtained in violation of the Fourth Amendment. Damien Ross is charged with possession of more than twenty-eight and less than 200 grams of cocaine, fleeing and eluding an officer, and reckless driving. The cocaine was discovered during warrantless searches of the home where Mr. Ross was arrested and the car he was driving on the night of his arrest. We affirm without comment as to the search of the home. We reverse as to the search of the car, however, because a warrantless search became authorized when the police saw cocaine in plain view in the vehicle. 1

*608 The police encountered Mr. Ross while investigating a noise complaint at an apartment complex in the middle of the night. Two police officers saw him asleep in the driver’s seat of his car while music was blasting from the car’s speakers. An officer attempted to wake him by rapping on the window and identifying himself. After several minutes of this, Mr. Ross finally woke up. He rolled the window down slightly, told the officers “fuck that,” and then drove off. The officers followed him as he drove with no headlights at speeds in excess of eighty miles an hour. The officers turned on the lights and sirens, but he refused to stop. Apparently instructed not to continue the chase, they lost sight of Mr. Ross when he made a left turn against a red light.

The officers went to an address matching the car’s registration but then got a radio call reporting that a man who looked like Mr. Ross had run into another home nearby. When they arrived at that address, they found Mr. Ross’s car parked on the grass lawn of the home. The officers went to the front and side doors of the house to look for Mr. Ross when two residents, a woman and her uncle, opened the doors. The officers went through the house, knocking on doors and calling for people to come out of the rooms. Mr. Ross answered a knock on a bedroom door and was arrested on the spot.

During the investigation following the arrest, Sergeant Shannon Seymour arrived at the scene. In anticipation of having Mr. Ross’s car towed, Sergeant Seymour approached the vehicle to see if it had been damaged. He looked through a window and saw a half of a crack cocaine cookie — a circular piece of crack cocaine — on the floor by the front passenger’s seat. Without obtaining a warrant, the police thereafter conducted a search of the inside of the car. That search uncovered a full crack cocaine cookie and some powder cocaine in addition to the half-cookie of crack cocaine Sergeant Seymour viewed through the window.

Mr. Ross moved to suppress the evidence found in the car, asserting that the warrantless search of the car violated the Fourth Amendment. The State argued that Sergeant Seymour’s observation of crack cocaine from outside the vehicle justified a warrantless search. The trial court rejected that contention and granted the motion to suppress. We review that decision under a mixed standard: the trial court’s findings of historical facts are reviewed for competent substantial evidence, and its conclusions of law and application of the law to the facts are reviewed de novo. See State v. K.S., 28 So.3d 985, 987 (Fla. 2d DCA 2010); Cillo v. State, 849 So.2d 353, 354 (Fla. 2d DCA 2003).

Applying the law to the historical facts, we conclude that the search of Mr. Ross’s car was authorized under the automobile exception to the Fourth Amendment’s warrant requirement. Generally speaking, that exception permits a warrantless search of a readily mobile vehicle when the police have probable cause to believe that it contains contraband. See Pennsylvania v. Labron, 518 U.S. 938, 940, 116 S.Ct. 2485, 135 L.Ed.2d 1031 (1996) (citing California v. Carney, 471 U.S. 386, 393, 105 S.Ct. 2066, 85 L.Ed.2d 406 (1985)). In State v. Green, 943 So.2d 1004, 1007 (Fla. 2d DCA 2006), our court held that the exception applies where, as here, police observe drugs in plain view in a parked car after having arrested the owner.

*609 The defendant in Green was arrested for gambling at an apartment complex, and a search incident to the arrest turned up keys to a Ford Taurus, which the police seized. Id. at 1005. The police then found the car, shined a flashlight into the windows, and observed a razor blade with white residue on the center console. Id. The police used the keys they seized to open the vehicle, which they then searched. The search resulted in the seizure of drugs and paraphernalia. Id. Upon the defendant’s motion, the trial court suppressed the evidence because the police searched the car without a warrant. Id.

Reversing the suppression order, we held that the automobile exception authorized the warrantless search. Id. at 1006-07. We rejected the defendant’s contention that the exception applied only when exigent circumstances were present — a finding that would have been unlikely when at the time of the search the car was parked, the owner arrested, and the keys in the possession of police — and explained that the warrantless search was authorized once the police developed probable cause. Id. at 1006 (“[T]he justification to conduct such a warrantless search does not vanish once the car has been immobilized.” (quoting Michigan v. Thomas, 458 U.S. 259, 261, 102 S.Ct. 3079, 73 L.Ed.2d 750 (1982))). Because the police had the requisite probable cause when they observed drug paraphernalia in the car, the subsequent warrantless search of the automobile did not violate the Fourth Amendment. See id. at 1005-06.

This case is not different from Green in any respect that matters. Mr. Ross was arrested after fleeing and eluding police officers and hiding in a home. After his arrest, a police officer looked through the window of his car and saw crack cocaine in plain view. Sergeant Seymour’s lawful observation of illegal drugs in the car gave the police probable cause to believe that the car contained evidence of a crime. 2 The warrantless search of the car was thus authorized by the automobile exception. Green, 943 So.2d at 1006-07; see also State v. Gardner, 72 So.3d 218, 220-21 (Fla. 2d DCA 2011) (reversing order suppressing evidence and finding probable cause to conduct warrantless search of a parked automobile for evidence of a shooting where police had lawfully arrested the vehicle’s owner for the shooting two hours earlier); State v. Fischer, 987 So.2d 708, 711-13 (Fla. 5th DCA 2008) (holding that warrantless search of car was authorized where police observed white powder *610 that appeared to be cocaine in open view therein).

The trial court nonetheless suppressed the evidence obtained during the search based, at least in part, on a belief that “something more” must have happened between the time Mr. Ross was arrested and the time Sergeant Seymour saw the crack cookie in the car.

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

Related

STATE OF FLORIDA v. DERRICK JAMMELL PETTIS
266 So. 3d 238 (District Court of Appeal of Florida, 2019)
State v. Battle
District Court of Appeal of Florida, 2017

Cite This Page — Counsel Stack

Bluebook (online)
209 So. 3d 606, 2016 Fla. App. LEXIS 18209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ross-fladistctapp-2016.