State v. Schloss

District Court of Appeal of Florida

State v. Schloss

341 So. 2d 1024

CourtDistrict Court of Appeal of Florida

DecidedJanuary 18, 1977

DocketNo. 76-808

StatusPublished

Cited by1 cases

This text of 341 So. 2d 1024 (State v. Schloss) 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. Schloss, 341 So. 2d 1024 (Fla. Ct. App. 1977).

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Opinion

PER CURIAM.

The defendant was charged by the State of Florida in an information with the offenses of possession of cannabis and importation of cannabis into the State of Florida.

This interlocutory appeal is by the state from an order of the Circuit Court of Dade County granting the defendant’s motion to suppress evidence (cannabis) seized as a result of a customs search made of defendant’s baggage upon his entry into the United States from a foreign country. The court’s order was entered upon its determination that the customs officials had no probable cause to believe the defendant was carrying contraband.

The state contends that the trial judge erred in applying the standard of “probable cause” to this routine customs search. We find merit in the state’s contention and reverse.

Customs officials derive their authority to search the luggage of persons entering the United States from foreign countries from the provisions of Title 19 U.S.C. § 482 (1970). Under that section, a reasonable suspicion alone is sufficient to authorize a customs search. United States v. Diamond, 471 F.2d 771 (9th Cir. 1973); Shorter v. United States, 469 F.2d 61 (9th Cir. 1972); United States v. Weil, 432 F.2d 1320 (9th Cir. 1970), cert. denied 401 U.S. 947, 91 S.Ct. 933, 28 L.Ed.2d 230 (1971); United States v. Hill, 430 F.2d 129 (5th Cir. 1970).

Reversed.

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PER CURIAM.

The defendant was charged by the State of Florida in an information with the offenses of possession of cannabis and importation of cannabis into the State of Florida.

This interlocutory appeal is by the state from an order of the Circuit Court of Dade County granting the defendant’s motion to suppress evidence (cannabis) seized as a result of a customs search made of defendant’s baggage upon his entry into the United States from a foreign country. The court’s order was entered upon its determination that the customs officials had no probable cause to believe the defendant was carrying contraband.

The state contends that the trial judge erred in applying the standard of “probable cause” to this routine customs search. We find merit in the state’s contention and reverse.

Customs officials derive their authority to search the luggage of persons entering the United States from foreign countries from the provisions of Title 19 U.S.C. § 482 (1970). Under that section, a reasonable suspicion alone is sufficient to authorize a customs search. United States v. Diamond, 471 F.2d 771 (9th Cir. 1973); Shorter v. United States, 469 F.2d 61 (9th Cir. 1972); United States v. Weil, 432 F.2d 1320 (9th Cir. 1970), cert. denied 401 U.S. 947, 91 S.Ct. 933, 28 L.Ed.2d 230 (1971); United States v. Hill, 430 F.2d 129 (5th Cir. 1970).

Reversed.

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Bluebook (online)

341 So. 2d 1024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-schloss-fladistctapp-1977.

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