Weed v. Wainwright
| Decision Date | 31 December 1975 |
| Docket Number | No. 75--785,75--785 |
| Citation | 325 So.2d 44 |
| Parties | Kenneth Glenn WEED, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Channing E. Brackey, Asst. Public Defender, for defendant.
Robert L. Shevin, Atty. Gen., and Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, for appellee.
This is a plenary appeal via habeas corpus from a conviction of breaking and entering with intent to commit grand larceny. Since the issues have been well briefed and discussed in depth at oral argument we shall concisely present our dispositive conclusions.
The inventory search of appellant's automobile was unreasonable and illegal in that it did not meet the criteria and guidelines provided in the case of State v. Jenkins 319 So.2d 91 (Fla.App.4th, 1975). In State v. Jenkins, supra, this court approved an inventory search when the totality of the circumstances demonstrated the search was a bona fide inventory made in the ordinary course of police procedure. The court held that:
'Whether or not an inventory search is unreasonable and has been misused will depend on the particular facts and circumstances of each case.'
In the Jenkins case the defendant was the sole occupant of the searched vehicle, he had been arrested late at night and the car was on the open highway. The Jenkins defendant did not protest the inventory search. In this case all the occupants of the car, defendant and two others, were arrested, but the arrest was made during trade hours and the car was parked in a Winn-Dixie parking lot. Defendant Did protest the search. There was no reason given by the State for an inventory search except that the car was 'unattended.' That is not sufficient to justify the search. See: In re 1972 Porsche 2 Dr., '74 Fla.Lic.Tag ID 91780, 307 So.2d 451 (Fla.App.3rd, 1975), in which the court stated:
For inventory searches approved by...
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