Morris v. State
| Decision Date | 03 February 1988 |
| Docket Number | No. 87-1067,87-1067 |
| Citation | 13 Fla. L. Weekly 351,519 So.2d 706 |
| Parties | 13 Fla. L. Weekly 351 Dexter MORRIS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.
Dexter Morris appeals from his judgment and sentences for possession of cocaine and marijuana. He contends that his motion to suppress the contraband should have been granted. We agree and reverse.
The following facts were revealed through the deposition testimony of Officer Nancy Brooks. While on routine patrol in an unmarked car, she and Officer R.F. Lyons came upon the appellant and another person at 11:47 p.m., in an alley, in an area known for drug trafficking. The appellant was not a suspect in drug activity, and the officers saw no evidence that he was engaged in a drug transaction. Brooks spoke with the appellant and patted him down to see if he had any weapons. She felt a bulge in his pocket and asked him what it was. The appellant reached into his pocket and pulled out a tissue, from which a small plastic bag fell on the ground. The appellant stepped on the bag. Officer Lyons picked up the bag and found in it a half of a marijuana cigarette and some white powder. The appellant was then placed under arrest. The officers ran presumptive tests on the substances in the plastic bag, and the tests confirmed that the substances were marijuana and cocaine. Officer Brooks searched the appellant further and found another small plastic bag containing .6 grams of cocaine.
Officer Brooks stated that
The appellant filed a motion to suppress all of the evidence seized from his person on the ground that the reason he was stopped does not constitute an exception to the constitutional requirement for a search warrant. At the hearing on the motion the state argued that the appellant had voluntarily abandoned the plastic bag and consequently could not assert his fourth amendment rights with regard to it. The trial court denied the appellant's motion on the basis of the state's argument.
At the appellant's sentencing hearing the appellant pled no contest to both charges, reserving his right to appeal the denial of his motion to suppress. The trial court sentenced the appellant to three years' probation for each count,...
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