State v. Moyer, 79-1956
| Decision Date | 10 December 1980 |
| Docket Number | No. 79-1956,79-1956 |
| Citation | 394 So.2d 433 |
| Parties | STATE of Florida, Appellant, v. Edwin Ray MOYER, Appellee. |
| Court | Florida District Court of Appeals |
Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, and G. P. Waldbart, Asst. Attys. Gen., Tampa, for appellant.
Sondra Goldenfarb, Clearwater, and Joseph G. Donahey, Jr., of Tanney, Forde, Donahey, Eno & Mills, Clearwater, for appellee.
The State of Florida brings this appeal from an order entered by the Circuit Court of Pinellas County, Florida, granting defendant's motion to suppress the evidence in a prosecution for conspiracy to sell cocaine, conspiracy to possess cocaine, and possession of marijuana.
On May 8, 1979, a confidential informer with no previously known reliability attempted to arrange the purchase of one pound of cocaine from appellee Edwin Ray Moyer for the Clearwater Police Department. That same morning the police were informed by the confidential informant of the approximate time and location of the proposed cocaine sale. On the same date, at about 4:00 P.M., the confidential informant contacted the police about the tentative transaction. The Clearwater Police Department had intended to put up $26,000 to purchase the contraband; however, the police could not provide the money for the controlled purchase because other investigations had exhausted their funds.
At 5:30 P.M., the police set up their surveillance of appellee's residence. Between the hours of 6:30 P.M. and 7:30 P.M. the confidential informer was "bugged" with an electronic communications device and entered appellee's residence to make plans to finalize the transaction. The police listened to the conversation between the confidential informant and appellee. The gist of the conversation was that the confidential informer could either buy a small quantity of cocaine and take it to the "money man" for testing, or the "money man" could come to appellee's house and test it. The confidential informant did not know what to do, so he left.
Within 45 minutes the police observed Murray C. Mallory arrive at appellee's residence in a pickup truck and enter. Mallory carried with him a tool box and a brown paper bag. Approximately 10 minutes after Mallory's arrival, the confidential informer received a telephone call from appellee stating that the man with the cocaine had arrived at appellee's residence.
Again, the confidential informer was equipped with a "body bug" and made his second visit to appellee's residence. The police overheard a conversation wherein a voice, presumed to be Mallory's told the confidential informer that there would be no samples and that he, Mallory, was only going to be there fifteen minutes and that the confidential informer should produce the man with the money. The confidential informer departed. The prearranged procedure had called for a plainclothes detective to pose as the "money man". He would carry an empty briefcase to appellee's residence with the confidential informant. After learning that the police did not have the money to pay for the cocaine, the confidential informer got "shaky" and refused to go along with the plan. At that time the police determined that they had enough evidence for a conspiracy charge against the appellee and Mallory. They decided to make an immediate arrest on the conspiracy charge at appellee's residence.
Five police officers approached the residence. As they neared the house, appellee came out the front door. One the police officers placed appellee under arrest in the front yard. Between 30 seconds and 2 minutes after the arrest, the officers reached the front door. One of the detectives opened the door and yelled, The detectives could smell the odor of marijuana and heard someone running through the house. The State conceded that they did not comply with the "knock and announce" statute, Section 901.19, Florida Statutes (1979). Mallory ran to the bathroom and locked the door. The detectives broke the door down and observed Mallory attempting to dispose of the cocaine by dumping the plastic bag of cocaine under hot water. Mallory was placed under arrest. Police officers also seized marijuana which they observed in the house. The entry into the house and the seizure occurred between 8:30 and 9:00...
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Williams v. State
...courts recognize that peril to an officer and likelihood of escape may justify a warrantless entry into a home. 4 In State v. Moyer, 394 So.2d 433 (Fla.2d DCA 1980), the court held that exigent circumstances exist where officers have reasonable fear of destruction of evidence and Where, as ......
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State v. Cantrell
...there are recognized exceptions. These exceptions have come to be equated with the concept of exigent circumstances. State v. Moyer, 394 So.2d 433 (Fla. 2d DCA 1980); annot., 17 A.L.R. 4th 301 (1982). Indeed, the exceptions must equate to exigent circumstances. Williams v. State, 403 So.2d ......
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Alvarado v. State, 84-1089
...premises. See Graham v. State, 406 So.2d 503 (Fla. 3d DCA 1981); Williams v. State, 403 So.2d 430 (Fla. 3d DCA 1981); State v. Moyer, 394 So.2d 433 (Fla. 2d DCA 1980). In this case, sufficient time elapsed between the officers' conversation with the victim and the arrest of Alvarado for the......