Tolbert v. State, 75-2237
| Decision Date | 08 July 1977 |
| Docket Number | No. 75-2237,75-2237 |
| Citation | 348 So.2d 623 |
| Parties | John Will TOLBERT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, Frank B. Kessler, Chief, Appellate Div., and James H. Earp, Legal Intern, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Richard P. Zaretsky, Asst. Atty. Gen., West Palm Beach, for appellee.
The trial court denied the appellant/defendant's motion to suppress evidence on grounds that a police search of the defendant's car was a valid inventory search. The defendant thereafter plead nolo contendere to possession of more than 5 grams of marijuana in violation of F.S. 893.13(1)(e). As authorized in State v. Ashley, Fla.1971, 245 So.2d 225, the trial court received the defendant's plea with reservation of right to appellate review of the legality of the seizure of the evidence.
The sole question on appeal relates to the legality of this "inventory" search made by the police pursuant to impounding the defendant's car.
The search and seizure complained of herein occurred at approximately 5:00 A.M., March 15, 1975. While on routine patrol in a business district of Orlando, Florida, two police officers, Price and Ludwig, noticed a car parked off Buck Alley with two subjects in it. The officers approached the vehicle and asked for identification, the car being parked near a row of businesses in a high crime area. The car was lawfully parked. A teletype check of the identification given revealed that the defendant was wanted on a municipal contempt of court warrant. Defendant was thereafter arrested on that charge and told that his vehicle would be impounded pursuant to department policy.
During the arresting process, defendant asked that Willie Albert Gray, the other individual in the car, be allowed to take custody and control of defendant's car. This request was denied. Officer Price testified that he felt he had authority to impound the vehicle pursuant to department regulations. In fact, Officer Price's testimony showed that the arrest of defendant under the facts herein presented was not one of the situations enumerated in the regulation which required impoundment.
The defendant's car was summarily "impounded". A search disclosed more than 5 grams of marijuana under the floor mat. He was then arrested for possession of same.
Willie Albert Gray testified that he was twenty-five years old and had known defendant almost all his life. He further testified that one of the officers said he could take custody of defendant's car, which the officer later denied.
The facts disclose that two obvious alternative procedures existed that would preclude this...
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