Moore v. State, 93-03629

Decision Date21 December 1994
Docket NumberNo. 93-03629,93-03629
Citation647 So.2d 326
Parties20 Fla. L. Weekly D41 Sandra MOORE, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

James Marion Moorman, Public Defender, and Diane Buerger, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Susan D. Dunlevy, Asst. Atty. Gen., Tampa, for appellee.

FRANK, Chief Judge.

Sandra Moore pleaded no contest to charges of possession of cocaine and drug paraphernalia after the trial court denied her motion to suppress the smoking device and crack cocaine found in her possession. The trial court applied the wrong standard in ruling on the motion and we reverse.

Moore was approached by three Lee County Sheriff's Deputies as she stood on a residential street while holding a small handbag. The key issue emerging from the encounter is whether the authorities, without a founded suspicion of criminal activity, ordered Moore to reveal the contents of her handbag or whether she voluntarily disclosed its contents. In any event, the authorities found a crack pipe and a small amount of crack cocaine. In denying the motion, the trial court thought it proper to view the evidence "in the light most favorable to the state." Then, when pressed by the defense to resolve the question of whether Moore had given her consent to search, the trial court announced, "That's something the jury is going to have to decide."

The trial court's remarks reveal its confusion as to the proper standard for resolution of the motion to suppress. A motion to suppress presents issues solely for the trial court to determine and a jury has no part in the matter. Carter v. State, 428 So.2d 751 (Fla. 2d DCA 1983); Brown v. State, 352 So.2d 60 (Fla. 4th DCA 1977). Moreover, when the state relies upon consent to conduct a search, it shoulders the burden of proving that the consent was freely and voluntarily given. Louis v. State, 567 So.2d 38 (Fla. 3d DCA 1990). There is no evidentiary presumption favoring the state in this setting. The trial court erroneously relieved the state of its burden. Chesnut v. State, 404 So.2d 1064 (Fla.1981); Denehy v. State, 400 So.2d 1216 (Fla.1980).

We remind the trial court of its duty to announce whether reserved issues are dispositive. Everett v. State, 535 So.2d 667 (Fla. 2d DCA 1988). The trial court failed in this instance to make such a finding and the parties did not stipulate that the issue was dispositive. On...

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6 cases
  • Hawk v. State, 5D02-3734.
    • United States
    • Florida District Court of Appeals
    • July 3, 2003
    ...duty to announce whether preserved issues are dispositive.") (citing Rust v. State, 742 So.2d 471 (Fla. 2d DCA 1999); Moore v. State, 647 So.2d 326 (Fla. 2d DCA 1994)). Furthermore, Brown v. State, 376 So.2d 382 (Fla.1979), has been interpreted as holding that in cases where the defendant i......
  • Ramsey v. State
    • United States
    • Florida District Court of Appeals
    • August 11, 2000
    ...court's duty to announce whether preserved issues are dispositive. See Rust v. State, 742 So.2d 471 (Fla. 2d DCA 1999); Moore v. State, 647 So.2d 326 (Fla. 2d DCA 1994). Although typically we would remand for a determination of whether the preserved issue is dispositive, that is not necessa......
  • Williams v. State, 96-2669
    • United States
    • Florida District Court of Appeals
    • April 30, 1997
  • Ray v. State, 2D04-506.
    • United States
    • Florida District Court of Appeals
    • April 6, 2005
    ...issues. See Dillow v. State, 884 So.2d 508 (Fla. 2d DCA 2004); Vasta v. State, 662 So.2d 1327 (Fla. 2d DCA 1995); Moore v. State, 647 So.2d 326 (Fla. 2d DCA 1994); Carter v. State, 428 So.2d 751 (Fla. 2d DCA 1983). The trial court in this case improperly abdicated its role in resolving fact......
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