Peraza v. State , 4D10–801.
| Decision Date | 07 September 2011 |
| Docket Number | No. 4D10–801.,4D10–801. |
| Citation | 69 So.3d 338 |
| Parties | Eduardo PERAZA, Appellant,v.STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
OPINION TEXT STARTS HERE
James S. Lewis, Fort Lauderdale, for appellant.Pamela Jo Bondi, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.
Eduardo Peraza appeals the denial of his motion to suppress cultivated marijuana found in his garage during the search of his rental residence. He argues the trial court erred in finding that (1) he consented to the search of his home, (2) any consent extended to the garage, and (3) he lacked standing to contest the search of the garage. In addition, Peraza argues the trial court erred because it ignored a prior concession by the State that he had standing to challenge the search of the garage and failed to suppress evidence of the marijuana on grounds he was not in actual or constructive possession of the marijuana. We affirm, finding no error.
Peraza and his girlfriend were arrested after officers found a grow house operation at their residence. Both moved to suppress all evidence seized in the search of the residence, claiming the officers used impermissible and illegal tactics to procure consent to search, and the search went beyond the scope of any consent.
According to testimony presented by the State, two detectives were taking part in a state-wide initiative to investigate suspected marijuana grow houses. Acting on an anonymous tip, the detectives approached Peraza's residence and knocked on the door. Peraza answered, and the sergeant explained the anonymous tip to Peraza and asked him if the detectives could come in and have a look around the residence. Peraza told the detectives that he did not know of any grow houses inside the residence, but there was a garage in the back of the residence he knew nothing about. He stated that this part of the residence was locked, and he didn't know what was in there or the individual that came and went from that part of the house. Peraza also told the officers he didn't have a problem with them looking, but his girlfriend was in the shower. His girlfriend eventually came to the door, and she told the detectives that she wasn't aware of any grow houses inside the residence. Both Peraza and his girlfriend exited the residence, gave the detectives verbal permission to search the residence, and signed consent waiver forms. One of the detectives testified “Specifically, we asked if we could look in the house, he said, yeah, you can look into it, we asked him can we get into the whole house, he said if you can get into it, you can search it.” Other officers entered the residence and searched the entire home. The officers found evidence of marijuana cultivation throughout the residence. Open food-saver bags, a vacuum sealer, a worksheet with cultivation tips, and a cultivation calendar were in the master bedroom. Marijuana cultivation manuals were on the back of the master bathroom toilet. A key on Peraza's key chain opened the locked door to the garage, where the growing marijuana was discovered. Both Peraza and his girlfriend were arrested.
Peraza testified to a very different version of events, which the trial court deemed not credible. He testified that the detectives knocked on his door twice and asked if they could search his residence, but each time he told them no. When Peraza opened the door a third time, one of the detectives grabbed him by the arm and pulled him out of the residence. Twenty minutes later, the officers knocked on the door again, and when Peraza's girlfriend opened the door, she was pulled out of the residence as well. According to Peraza, the officers badgered him and his girlfriend for an hour until they signed the consent forms. He claimed the consent form was never read to them.
At the conclusion of testimony and argument, the trial court found the detective's version of events to be credible and Peraza's version of events not to be credible. Based on the detective's testimony, the court found the State met its burden of proving Peraza validly consented to the search of his home. The trial court also found Peraza lacked standing to challenge the search of the garage based on his unequivocal statements that he knew nothing about that part of the residence and didn't have anything to do with that part of the residence.
A mixed standard of review applies to a trial court's decision on a motion to suppress. “An appellate court is bound by the trial court's findings of historical fact if those findings are supported by competent, substantial evidence.” However, a de novo standard applies to questions of law. Ferguson v. State, 58 So.3d 360, 363 (Fla. 4th DCA 2011) (citations omitted).
“Whether consent is voluntary is a question of fact to be determined by the trial judge,...
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...terms of life and 15 years in prison. This Court reviews a motion to suppress under a mixed standard of review. Peraza v. State, 69 So.3d 338, 340 (Fla. 4th DCA 2011). We are “bound by the trial court's findings of historical fact if those findings are supported by competent, substantial ev......
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