Talavera v. State
| Decision Date | 25 May 1966 |
| Docket Number | No. 6543.,6543. |
| Citation | 186 So.2d 811 |
| Parties | Manuel TALAVERA, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Levine & Freedman, Tampa, for appellant.
Earl Faircloth, Atty. Gen., Tallahassee, and William D. Roth, Asst. Atty. Gen., Lakeland, for appellee.
Appellant was convicted of robbery and sentenced to twenty years at hard labor. By a motion to suppress and timely objections at the trial, appellant attempted to exclude from consideration of the jury certain evidence alleged to be illegally seized; the trial court ruled against him and submitted the evidence to the jury. The appellant has assigned this ruling of the trial court as error.
During the late hours of November 29, 1964, Mr. Ivan Linn, owner and operator of Linn's Motor Court, Nebraska Avenue, Tampa, Florida, phoned the radio dispatcher at the Hillsborough County Sheriff's Department to report that one of his tenants, Manuel Talavera, appellant herein, closely resembled a newspaper description of a person involved in a Tampa robbery. Thereafter, around midnight, two deputies from the Hillsborough County Sheriff's Department and one detective from the City of Tampa Police Department arrived at the motor lodge.
During this discussion the following facts were learned:
(1) the weekly rent on appellant Talavera's cabin was due on Sunday, November 29.
(2) normally appellant paid his weekly rent to owner Linn on Sunday morning.
(3) appellant had failed to pay his rent on this particular Sunday and technically his rent was overdue or delinquent.
It appears from the record that Mr. Linn's motivating purpose in calling the police was not to report that tenant Talavera was a couple of hours overdue in paying his rent, but after the above conversation, the officers accompanied Mr. Linn to the cabin occupied by Talavera for the alleged purpose of informing him that his rent was overdue and Mr. Linn was demanding his removal from the premises.
The officers knocked on the door and shone their flashlights through the windows in an effort to awaken the appellant. The record contains the following narration by appellant Talavera of the events preceding the officers' entry into the cabin:
Upon entry into the cabin, which occurred sometime between 1:30 and 2:00 A.M., the Deputy Sheriff informed the appellant that the rent was overdue and that Mr. Linn wanted them to vacate the premises. Thereupon Talavera replied, "I will give you the rent now, if that is what you want." But the record shows Mr. Linn "didn't do anything." He stated, "Well, I didn't, under the circumstances that we went in there, under suspicions and stuff, I mean, I usually accept the rent in the office." In fact, appellant was permitted by Mr. Linn not only to make payment the next day but also to remain in the cabin for an additional week.
After concluding their initial inquiry as to the delinquent rental payment, the record reveals the following unrefuted testimony of appellant Talavera made during the hearing on the motion to suppress the evidence in question:
In their search of the premises the officers found two revolvers, a large quantity of silver coins, cancelled checks, a stocking and three raincoats allegedly used in a recent robbery.
Thereafter, the appellant and Richard Martinez were taken to the Police Department's interrogation room where they underwent some two to three hours of questioning and participating in a police line-up. Thereafter appellant was released and returned to his cabin at the Linn Motor Court. Several days later he was arrested on a warrant charging him with...
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