Bond v. State
| Decision Date | 18 May 1983 |
| Docket Number | No. 82-2288,82-2288 |
| Citation | 431 So.2d 343 |
| Parties | William Douglas BOND, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nicholas G. Schommer and Steve Kackley, Sebring, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Ann G. Paschall, Asst. Atty. Gen., Tampa, for appellee.
William Douglas Bond appeals his placement on probation for three counts of possession of a controlled substance following his entry of a nolo contendere plea reserving his right to appeal the denial of his motion to suppress the evidence seized from his motor vehicle following his arrest for driving while intoxicated. We hold that the trial court correctly denied appellant's motion to suppress, and we therefore affirm.
Appellant was approached by a deputy sheriff who had heard a radioed BOLO report based on a citizen's report to another officer of a drunk driver. Appellant's truck, which was parked in a roadway median strip with appellant inside when the deputy approached it, matched the vehicle description and license tag number given in the BOLO. Appellant smelled faintly of alcohol and admitted having had one beer. In addition, his eyes were dilated, and he failed all three of the field sobriety tests given him by the deputy. The deputy therefore arrested appellant and placed him in the patrol car. A search of appellant's truck, which the deputy characterized as an inventory search although appellant was not offered an alternative to impoundment, was performed, leading to the discovery of the controlled substances in question in the cab of the truck.
Appellant argues that under Miller v. State, 403 So.2d 1307 (Fla.1981), which requires that, where feasible, the possessor of an automobile must be advised of his right to provide an alternative to impoundment before an inventory search may be performed, the search here was invalid. We disagree. Miller, by its own terms, does not apply to searches which are justifiable under traditional probable cause standards. Id. at 1310. The United States Supreme Court held in New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), that a search incident to the custodial arrest of an occupant of an automobile may include a complete search of the passenger compartment of the car, including examination of the contents of any container found therein.
We agree with the third district that the validity of the search here should not be affected by the fact that the deputy characterized the search as an inventory search. State v. Valdes, 423 So.2d 944 (Fla. 3d DCA 1982).
Higgins v. State, 422 So.2d 81 (Fla. 2d DCA 1982); Stevens v. State, 412 So.2d 456 (Fla. 2d DCA 1982); and Ross v. State, 428 So.2d 781 (Fla. 4th DCA 1983),...
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Sommer v. State
...also held that the policeman may examine the contents of any containers found within the passenger compartment. See also Bond v. State, 431 So.2d 343 (Fla. 2d DCA 1983). For the reasons outlined above, the order and judgment are AFFIRMED. ORFINGER, J., concurs. SHARP, J., dissents with opin......
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Kuhn v. State, s. 82-466
...U.S. 216, 88 S.Ct. 1472, 20 L.Ed.2d 538 (1968). The second district court of appeal recently sustained a similar search, Bond v. State, 431 So.2d 343 (Fla. 2d DCA 1983), upon the premise that it was a search incident to arrest and therefore rested upon traditional probable cause requirement......
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...it, New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); Savoie v. State, 422 So.2d 308 (Fla.1982); Bond v. State, 431 So.2d 343 (Fla. 2d DCA 1983); State v. Brock, 426 So.2d 1287 (Fla. 1st DCA 1983); State v. Padron, 425 So.2d 644 (Fla. 3d DCA 1983); State v. Valdes, 42......
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...an arrest. Sommer v. State, 465 So.2d 1339 (Fla. 5th DCA 1985); State v. Abislaiman, 437 So.2d 181 (Fla. 3d DCA 1983); Bond v. State, 431 So.2d 343 (Fla. 2d DCA 1983); State v. Valdes, 423 So.2d 944 (Fla. 3d DCA 1982); see State v. Diaz, 474 So.2d 903 (Fla. 5th DCA 1985) (the existence of p......