State v. Spanierman, No. 71--399
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | McNULTY; MANN; MANN |
| Citation | 267 So.2d 102 |
| Decision Date | 13 September 1972 |
| Docket Number | No. 71--399 |
| Parties | STATE of Florida, Appellant, v. Stephen SPANIERMAN, Appellee. |
Page 102
v.
Stephen SPANIERMAN, Appellee.
Rehearing Denied Oct. 25, 1972.
Page 103
Robert L. Shevin, Atty. Gen., Tallahassee, Frank Schaub, State Atty., and Richard W. Seymour, Asst. State Atty., Bradenton, for appellant.
James M. McEwen, Tampa, and Robert P. Rosin, Sarasota, for appellee.
McNULTY, Judge.
The state appeals, pursuant to § 924.071, F.S.1969, F.S.A., from an interlocutory order suppressing certain evidence. We reverse.
There is conflicting evidence herein as to whether a deputy sheriff had 'probable cause to stop' a Volkswagen van, in which appellee Spanierman was a passenger, for a traffic violation. Anyhow, the van was indeed stopped and, concerning events thereafter, there is further conflict as to whether the deputy requested permission from appellee to search the vehicle. The deputy testified that he did make such a request to which appellee responded, 'Go ahead and look around.' Appellant denied this, but a search was in fact made and two large plastic bags were found containing marijuana. The instant criminal proceedings ensued in which appellee is charged with unlawful possession of marijuana.
In suppressing the marijuana as evidence the trial court found:
'. . . that there was an unlawful and unreasonable search and seizure of Defendant's automobile in violation of Defendant's Constitutional rights in that The arresting officers had no probable cause to stop the vehicle for any alleged traffic violation, that any search and seizure was not incident to a lawful arrest, That any . . . consent of Defendant to a search of the vehicle or of his person was not freely and voluntarily given because of the lack of advice of the Defendant's Constitutional rights. . . .' (Italics supplied)
Obviously the court resolved the conflict on 'probable cause' against the existence thereof, which was within his province as trier of fact. We interpret his findings in this regard, however, as relating solely to 'probable cause' to believe a traffic offense was then and there being committed as distinguished from a 'well founded suspicion' thereof, which might otherwise authorize the officer to temporarily stop the van for purposes of making reasonable inquiry and/or investigation. 1 For example, erratic driving may be insufficient of itself to constitute a traffic violation, and thus would not support 'probable cause,' but it may well support a well founded suspicion that the driver was operating the vehicle under the influence of alcohol or a drug which suspicion can be confirmed only upon further inquiry or investigation. A temporary stopping for this purpose, and under such circumstances, is permissible. 2
In any case, even if it be assumed that the officer had no right to...
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Royer v. State, No. 78-1050
...on the question of voluntariness, in ruling on the motion to suppress. Schneckloth v. Bustamonte, supra; State v. Spanierman, 267 So.2d 102 (Fla. 2d DCA 1972); State v. Custer, 251 So.2d 287 (Fla. 2d DCA 1971); Taylor v. State, 355 So.2d 180, 185 (Fla. 3d DCA 1978). The absence of such adva......
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Taylor v. State, 76-1611
...412 U.S. 218, 217, 93 S.Ct. 2041, 2047, 36 L.Ed.2d 854 (1973); State v. Othen, 300 So.2d 732, 733 (Fla.2d DCA 1974); State v. Spanierman, 267 So.2d 102 (Fla.2d DCA 1972); State v. Custer, 251 So.2d 287 (Fla.2d DCA 1971). In the context of this case, such a factor takes on particular signifi......
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Bailey v. State, No. 73--316
...that such consent was not obtained by the exploitation of any prior unlawful actions of the officer. State v. Spanierman, Fla.App.1972, 267 So.2d 102; see also Slater v. State, Fla.1956, 90 So.2d 453. A review of the evidence does not reflect that defendant's consent was predicated upon the......
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Mack v. State
...a search of his right of refusal is not required. State v. Custer, Fla.App.2d 1971, 251 So.2d 287; State v. Spanierman, Fla.App.2d 1972, 267 So.2d 102, cert. den. Fla., 273 So.2d 764; State v. Brehm, Fla.App.2d 1973, 273 So.2d 128; State v. Hysell, Fla.App.2d 1973, 281 So.2d We conclude tha......
-
Royer v. State, No. 78-1050
...on the question of voluntariness, in ruling on the motion to suppress. Schneckloth v. Bustamonte, supra; State v. Spanierman, 267 So.2d 102 (Fla. 2d DCA 1972); State v. Custer, 251 So.2d 287 (Fla. 2d DCA 1971); Taylor v. State, 355 So.2d 180, 185 (Fla. 3d DCA 1978). The absence of such adva......
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Taylor v. State, 76-1611
...412 U.S. 218, 217, 93 S.Ct. 2041, 2047, 36 L.Ed.2d 854 (1973); State v. Othen, 300 So.2d 732, 733 (Fla.2d DCA 1974); State v. Spanierman, 267 So.2d 102 (Fla.2d DCA 1972); State v. Custer, 251 So.2d 287 (Fla.2d DCA 1971). In the context of this case, such a factor takes on particular signifi......
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Bailey v. State, No. 73--316
...that such consent was not obtained by the exploitation of any prior unlawful actions of the officer. State v. Spanierman, Fla.App.1972, 267 So.2d 102; see also Slater v. State, Fla.1956, 90 So.2d 453. A review of the evidence does not reflect that defendant's consent was predicated upon the......
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Mack v. State
...a search of his right of refusal is not required. State v. Custer, Fla.App.2d 1971, 251 So.2d 287; State v. Spanierman, Fla.App.2d 1972, 267 So.2d 102, cert. den. Fla., 273 So.2d 764; State v. Brehm, Fla.App.2d 1973, 273 So.2d 128; State v. Hysell, Fla.App.2d 1973, 281 So.2d We conclude tha......