State v. Bookout, 72--367
| Decision Date | 06 August 1973 |
| Docket Number | No. 72--367,72--367 |
| Citation | 281 So.2d 215 |
| Parties | STATE of Florida, Appellant, v. Raymond Arnold BOOKOUT, Appellee. |
| Court | Florida District Court of Appeals |
Rom W. Powell, County Sol. and Warren H. Petersen, Asst. County Sol., Orlando, for appellant.
No appearance for appellee.
Appellee, Raymond Arnold Bookout, was arrest September 14, 1971, and charged with dealing in credit cards of another and possession of burglary tools. The tangible evidence against the defendant had been found in luggage seized and opened at the Orlando Airport terminal building. The defendant's motion to suppress this tangible evidence was granted and the State has appealed pursuant to F.S. Section 924.071(1), F.S.A.
On September 13, 1971, Shawnee Airlines Flight 104 from Ft. Lauderdale arrived at the Orlando terminal and discharged passengers and baggage destined for Orlando. All luggage was claimed except one yellow suitcase with a broken combination lock. It was inscribed with the initials J.M.H., but had no other visible identification as to the name and address of the owner. Approximately an hour later the baggage service manager for Shawnee Airlines, responsible for the lost and found articles, took the suitcase from the baggage claim area and accompanied by another employee of the airline proceeded to open the suitcase. These employees testified (at the hearing on the motion) that this was the procedure normally followed in attempting to ascertain the name and address of the owner of luggage or baggage which remained unclaimed and was apparently abandoned. Upon opening the suitcase, the airline employees found a number of bank checks and a number of traveler's checks, all with different names on them, two gasoline credit cards in another name, a blank driver's license and small picks and files described as burglary tools. Upon making this discovery, the airline employees called the local office of the F.B.I. and this agency, having examined the evidence, called the Orlando Police Dept. The following morning the police were at the air terminal building to inventory the contents of the suitcase and were in the process of doing so when appellee arrived. When he claimed the luggage as his, he was placed under arrest and charged with the stated offenses.
The trial court, in granting the motion to suppress, relied on the case of Corngold v. United States, 9 Cir. 1966, 367 F.2d 1. However, because of significant distinctions between the facts in the Corngold case and the facts in the case at hand, we conclude that the Corngold case is inapposite. There the airline employee who opened the package testified that he did so only at the request of the customs' agents who had been following the...
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Pomerantz v. State
...governmental action, and does not afford protection against searches and seizures by a private individual." State v. Bookout, 281 So.2d 215, 216 (Fla. 4th DCA 1973). "(E)vidence obtained as a result of a wrongful search by a private individual may be admitted into evidence in a criminal pro......
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State v. Phillips
...New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971); Ward v. State, 30 Md.App. 113, 351 A.2d 452 (1976); State v. Bookout, Fla.App., 281 So.2d 215 (1973); Wolf v. State, Miss. Supr., 281 So.2d 445 (1973). Article I, section 6 of the Delaware Constitution, the search and seizur......
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McDaniel v. State, U--447
...view doctrine' applies. We agree with the State and affirm. (See Bernovich v. State, Sup.Ct.Fla.1973, 272 So.2d 505; State v. Bookout, Fla.App.4th 1973, 281 So.2d 215; Barnes v. United States, U.S.Ct. of App.5th Cir. 1967, 373 F.2d 517; Burdeau v. McDowell, 256 U.S. 465, 41 S.Ct. 574, 65 L.......