State v. Hicks, 90-1228
| Decision Date | 13 May 1991 |
| Docket Number | No. 90-1228,90-1228 |
| Citation | 579 So.2d 836 |
| Parties | STATE of Florida, Appellant, v. Vincent Eugene HICKS, Appellee. 579 So.2d 836, 16 Fla. L. Week. D1363 |
| Court | Florida District Court of Appeals |
Hicks' motion for rehearing is granted, the opinion and decision in this case filed on March 28, 1991, is withdrawn, and the following opinion and decision is substituted for the withdrawn opinion.
The state brings this appeal, pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(B), challenging the trial court's order granting Hicks' motion to suppress cocaine found during the warrantless search of an automobile. Because we hold that the police officer's search of the stolen vehicle which Hicks had been driving was one made pursuant to the automobile exception to the warrant requirement, we reverse.
Based upon outstanding arrest warrants from Sarasota County, on November 22, 1989, Hicks was arrested in the lobby of a Tallahassee bank while "committing fraud." Shortly after the arrest, the arresting officer, Glen Sapp, of the Tallahassee Police Department, learned from a law enforcement officer in Sarasota County that Hicks was a suspect in the theft of a 1989 Peugeot automobile. Upon further inquiry, Officer Sapp learned that Hicks had driven a 1989 Peugeot to the bank and that the automobile was parked in the bank parking lot.
Officer Sapp then proceeded to the parking lot where he located the automobile and conducted a search. Inside the glove compartment of the automobile, Officer Sapp found a jewelry box, and upon opening the jewelry box, he found 58 pieces of crack cocaine. As to Sapp's failure to articulate the reason for his search of the glove compartment, see State v. Starkey, 559 So.2d 335, 339 (Fla. 1st DCA 1990).
Hicks was charged by information with unlawful possession and intent to sell crack cocaine, contrary to section 893.13, Florida Statutes (1989). After a conditional plea of not guilty, Hicks filed a motion to suppress the crack cocaine found in the jewelry box. After hearing testimony and argument with respect to the motion, the trial court entered its order granting the motion to suppress.
We must reverse the trial court's suppression order...
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