Mattson v. State, Z--252
| Decision Date | 10 March 1976 |
| Docket Number | No. Z--252,Z--252 |
| Citation | 328 So.2d 246 |
| Court | Florida District Court of Appeals |
| Parties | Dennis Edwin MATTSON, Appellant, v. STATE of Florida, Appellee. |
J. B. Murphy, of Murphy & Beroset, Pensacola, for appellant.
Robert L. Shevin, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., for appellee.
This appeal presents us with another aspect of the search and seizure issue. Defendant claims that the impoundment of his automobile by the Fort Walton Beach Police Department was unnecessary and resulted in an unconstitutional search and seizure.
On March 31, 1975, shortly after midnight, defendant was driving an automobile which contained two passengers. Officer Williams, observing that the automobile was being operated in a reckless manner, stopped appellant's vehicle and arrested appellant for driving under the influence of intoxicating beverages. After a brief conversation with Officer Williams, appellant's two companions departed the area. Before taking appellant to the police station, Officer Williams locked appellant's automobile which was, according to the official police report, off the roadway and legally parked. At the police station, defendant was given a breathalyzer test and was subjected to a search which revealed two roach clips on his person. Officer Williams, accompanied by another officer, then returned to appellant's automobile in order to drive it to the police department's parking lot for safekeeping. After unlocking the car, Officer Williams entered the automobile and detected the smell of marijuana. He also discovered some marijuana seeds on the floorboard. Upon arriving at the police department parking lot, Officer Williams continued the search, finding over $1500 in the glove compartment and approximately six and one-half pounds of marijuana which was in a large suitcase in the trunk.
Appellant's primary contention is that the arresting officer had no legitimate reason for returning to appellant's automobile and unlocking the doors of his car which was legally parked. Appellant's secondary argument is that even assuming that the arresting officer was justified in returning to the parked vehicle, he had no reason for failing to secure a search warrant before engaging in a full scale search of the automobile at the police station parking lot. Appellant concedes that Officer Williams had probable cause to initially stop and arrest him for driving while under the influence of intoxicating beverages.
We agree with appellant that under certain circumstances, a search should be invalidated where police have impounded the vehicle in question but the record reveals no necessity for the impoundment. See State v. Volk, Fla.App.2nd 1974, 291 So.2d 643. In the Volk case, the trial court found that there was no necessity for impounding the vehicle in question. In the instant case, there was no such finding. Moreover, the Volk decision recognized that the police may necessarily impound a vehicle where its sole occupant is, because of intoxication, unfit to drive. Sub judice, the police were correct in moving appellant's automobile to the police parking...
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