State v. Jarrett, 87-1346
| Decision Date | 15 September 1988 |
| Docket Number | No. 87-1346,87-1346 |
| Citation | 13 Fla. L. Weekly 2161,530 So.2d 1089 |
| Parties | 13 Fla. L. Weekly 2161 STATE of Florida, Appellant, v. Curtis Rene JARRETT, Appellee. |
| Court | Florida District Court of Appeals |
Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellant.
No Appearance, for appellee.
The state has taken this appeal from the order of the trial court which granted defendant Curtis R. Jarrett's motion to suppress three kilograms of cocaine which had been seized from the trunk of his automobile pursuant to a warrantless search of the automobile. For the reasons which follow, we reverse.
On August 29, 1986, while on routine patrol on the Florida Turnpike, Florida Highway Patrol Trooper Edwin Santiago observed defendant's automobile weaving in and out of traffic and, after following the automobile for slightly less than a mile, Trooper Santiago directed defendant to pull his automobile to the side of the roadway because it appeared to him that defendant was drunk. As Trooper Santiago approached defendant's automobile, he detected an odor of burnt cannabis emanating from the automobile. The trooper immediately administered to defendant the Miranda warnings 1 and indicated to defendant that, since he had detected the odor of burnt cannabis, he intended to search the automobile for cannabis. At that point, defendant reached into the automobile, removed a clear plastic bag containing a green leafy substance, which was later identified as cannabis, and handed the bag to the trooper. Trooper Santiago immediately placed defendant under arrest and commenced a search of the automobile. In the trunk of the automobile the trooper discovered a cardboard box containing three kilograms of cocaine.
Defendant was taken into custody and subsequently charged with one count of selling, possessing or delivering four hundred grams or more of cocaine in violation of section 893.135(1)(b)(3), Florida Statutes (1985), and one count possession of cannabis in violation of section 893.13(1)(f), Florida Statutes (1985). Defendant entered a plea of not guilty to both charges and filed a motion to suppress the cocaine 2 on the grounds that the stop of his automobile was unlawful, and that the search of the trunk of his automobile was unlawful. The trial court, following an evidentiary hearing, entered an order which granted defendant's motion to suppress the cocaine, specifically finding that, although the stop of defendant's automobile was proper, Trooper Santiago lacked probable cause to search the trunk. Defendant thereafter withdrew his plea of not guilty and entered a plea of guilty to the charge of possession of cannabis. The state timely filed this appeal.
The sole issue raised by the state on appeal is whether it was error for the trial court to conclude that Trooper Santiago lacked probable cause to conduct a warrantless search of the trunk of defendant's automobile. The state contends that, since Trooper Santiago detected the odor of burnt cannabis emanating from defendant's automobile, Trooper Santiago had probable cause to search the entire automobile. We agree and, therefore, are constrained to reverse the order of the trial court.
The Supreme Court of the United States, in the case of Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 284, 69 L.Ed. 543 (1925), held that "if the search and seizure [of an automobile] without a warrant are made upon probable cause, that is, upon a belief, reasonably arising out of circumstances known to the seizing officer, that an automobile or other vehicle contains that which by law is subject to seizure and destruction, the search and seizure are valid." Thus, the law is clear that a police officer is authorized to conduct a warrantless search of an automobile when the police officer has probable cause to believe that the automobile contains contraband. The...
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Baxter v. State
... ... State , 653 So.2d 1146 (Fla. 5th ... DCA 1995); State v. T.T. , 594 So.2d 839, 840 (Fla ... 5th DCA 1992); State v. Jarrett , 530 So.2d 1089 ... (Fla. 5th DCA 1988); State v. Wells , 516 So.2d 74, ... 75 (Fla. 5th DCA 1987). This was appropriate because ... ...
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State v. Betz
...(Fla. 2d DCA 2001), which expressly and directly conflicts with the decision of the Fifth District Court of Appeal in State v. Jarrett, 530 So.2d 1089 (Fla. 5th DCA 1988). We have jurisdiction. See art. V, § 3(b)(3), Fla. Facts and Procedural History The pertinent facts in the instant case ......
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Betz v. State
...reversed in part; remanded with instructions. THREADGILL, A.C.J., and STRINGER, J., concur. 1. The State's reliance on State v. Jarrett, 530 So.2d 1089 (Fla. 5th DCA 1988), decided prior to California v. Acevedo, 500 U.S. 565, 111 S.Ct. 1982, 114 L.Ed.2d 619 (1991), is ...
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State v. Reed, 97-1859
...Stat. (1997).3 Harvey v. State, 653 So.2d 1146 (Fla. 5th DCA 1995); State v. T.T., 594 So.2d 839 (Fla. 5th DCA 1992); State v. Jarrett, 530 So.2d 1089 (Fla. 5th DCA 1988).4 State v. T.T.; State v. Jarrett.5 Nix v. Williams, 467 U.S. 431, 104 S.Ct. 2501, 81 L.Ed.2d 377 (1984); Chambers v. St......