Leonard v. State, 81-1853
| Decision Date | 30 March 1983 |
| Docket Number | No. 81-1853,81-1853 |
| Citation | 431 So.2d 614 |
| Parties | Johnny L. LEONARD, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James L. Eisenberg, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant, Johnny L. Leonard, pled nolo contendere to possession of a controlled substance and reserved the right to appeal the trial court's denial of his motion to suppress physical evidence.
While on traffic patrol, Murphy, a highway patrolman, saw appellant speeding in the opposite direction and following another car too closely. Murphy turned around and pursued appellant. By the time Murphy caught up with him, appellant had pulled into a grocery store parking lot, parked, and was walking toward the grocery store. Murphy stopped appellant and asked him for his license. When appellant opened the glove compartment for his registration, Murphy saw a small manilla envelope, several small pieces of folded tin foil, and some cigarette wrapping paper. Murphy did not place appellant under arrest, and testified that he did not intend to do so. However, because appellant (whom Murphy knew and who was reputed to be "involved with drugs") acted nervously, Murphy asked if appellant had a gun. Murphy testified that appellant said no, and authorized a search of the car for a gun. Appellant testified that Murphy began to search the car and only told appellant why when appellant asked him what he was doing. No other witnesses testified as to consent.
Murphy ran his hand under the front seat, looked in the back seat and into a tape container in the back seat, and looked into the trunk. Murphy found no gun. However, because appellant was still nervous, Murphy called for backup. Sheriff's Deputy Ward arrived. Murphy testified that he told Ward to watch the car while he cited appellant. Ward testified that Murphy told him that appellant had consented to a search of the vehicle. Ward and appellant both testified that appellant did not tell Ward that he could search the vehicle. Ward looked into the car and saw a small pouch lying on the front seat. He unzipped the pouch and saw a white powdery substance. Appellant tried to take the pouch from Ward when Ward brought the pouch to Murphy to show its contents. Murphy placed appellant under arrest for possession of a controlled substance.
Appellant contends that the trial court erred in denying his motion to suppress because he consented only to a limited search of his automobile for weapons and therefore when the officers conducted a general exploratory search of the automobile they acted without his consent.
One who consents to a search may limit the scope of that search. United States v. Dichiarinte, 445 F.2d 126 (7th Cir.1971). A consent search is reasonable only when kept within the bounds of the...
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