State v. Santamaria
| Decision Date | 12 February 1985 |
| Docket Number | No. 84-621,84-621 |
| Parties | 10 Fla. L. Weekly 422 The STATE of Florida, Appellant, v. Luis Javier SANTAMARIA, Appellee. |
| Court | Florida District Court of Appeals |
Jim Smith, Atty. Gen., and Renee E. Ruska, Asst. Atty. Gen., for appellant.
Juan Ramirez, Jr., Coral Gables, for appellee.
Before BARKDULL, HENDRY and BASKIN, JJ.
The defendant was charged with trafficking in cocaine in violation of section 893.135, Florida Statutes (1983). The trial court granted defendant's motion to suppress the cocaine the possession of which gave rise to the trafficking charge. It is from this order that the State appeals.
The trial court made detailed findings which appear in the order appealed, as follows:
It is undisputed that LUIS SANTAMARIA drove in an automobile with his family to the Amtrack train station in Miami. He walked into the station with his family, carrying two pieces of luggage with shoulder straps. He approached the ticket counter and requested his train ticket to Chicago, for which a reservation had been made in his own name. The clerk had difficulty understanding Santamaria, due to his heavy accent. Santamaria wrote his name on a slip of paper and gave it to the clerk. The clerk then found his reservation and gave Santamaria a ticket in his own name, for which Santamaria paid approximately $190.00. Santamaria sat down in the train station with his family. The two undercover police officers felt that Santamaria looked at them whenever they passed by the seating area. When an announcement was made over the public address system concerning a train to Chicago, Santamaria walked toward the ticket clerk asking if that was his train. The clerk pointed in the direction of the corridor in which to board the train. Santamaria went to the line for boarding of the train, when he again observed the officers standing next to the conductor taking tickets. Santamaria exited that area and returned to his family, engaging in conversation. He then reentered the boarding line and gave his ticket to the conductor. He began walking toward the train when he was approached by two officers, with a third officer standing nearby. Up to this point, it is undisputed that the only reason the officers stopped Santamaria was because of his looking at the officers on several occasions, his nervousness, and his runny nose, which the officer believed to be from cocaine use.
At this point, the version of facts between the two police officers and the Defendant are quite different.
The officers state that they approached the Defendant to ask him some questions. At that point, one officer noticed the runny nose of Santamaria which he believed to be from cocaine use. During this stop the officers requested his identification, and Santamaria indicated he had forgotten it at home. The officers then asked Santamaria whether they could look in his suitcases, advising him that he did not have to consent; the accused consented to their search. Although one of the officers spoke Spanish, and had heard Santamaria speaking Spanish in the lobby, the officer testified that Santamaria was given the option of being questioned in English or Spanish and stated he could understand English. Thus, the questioning was done in English. A search of the second suitcase revealed a controlled substance. The officers first indicated the Defendant was given his Miranda rights in English, but on cross-examination stated these rights might have been read in Spanish. Although a Miranda rights card in English was introduced into evidence, Officer Muchado admitted that he also possesses a similar card in Spanish, and could have used it to advise the Defendant of his rights after his arrest. Prior to requesting consent, the officers requested permission to see Defendant's ticket, the ticket was given to the officers, and the ticket was returned to the Defendant.
The Defendant testified that he was approached by three police officers who flashed their badges. After being questioned for seven or eight minutes and being detained by these officers without the ability to leave, the officers stated, "We need to look in the bags". At that point, Santamaria silently dropped his bags to the ground, being frightened and considerably shaken. Santamaria further testified that no permission was given to search his bags. He also stated the questions were asked of him in English and significantly, the Miranda rights were given to him in Spanish. His proficiency in English is tenuous at best. He further testified that the officers failed to advise him that he did not have to talk with them, and that he could refuse their search of his luggage.
Having had an opportunity to evaluate the demeanor of the witnesses, their candor or lack of it, their manner in answering the questions of counsel, their ability to recall, and the numerous conflicts between the testimony given in court and that contained in the depositions, as well as their credibility, the Court finds that the only believable evidence is that:
1. There was no probable cause to detain or arrest the Defendant.
2. The Defendant was detained illegally, he was not told he was...
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