Horne v. State
113 So. 3d 158
| Fla. Dist. Ct. App. | 2013Background
- Horne was convicted of possession of carisopro-dol after pleading guilty but reserved the right to appeal the denial of her suppression motion.
- The deputy observed Horne walking 10–15 feet from the road on a grass shoulder at night with no sidewalk and initiated contact by pulling onto the grass.
- Horne explained she stayed off the road to be safe from “crazy drivers,” and provided a driver’s license; a warrants check returned no active warrants.
- During the encounter the deputy asked to search Horne’s person; Horne consented to the search, and the deputy did not tell her she was free to leave before seeking consent.
- Horne moved to suppress, arguing that the officer’s retention of her license during the warrants check converted the encounter into a detention, invalidating the consent.
- The suppression court denied the motion; on appeal, the court applied a mixed standard and affirmed consent, prompting reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Horne seized at the time of the search? | Horne | State | Yes; there was seizure during the search request. |
| Was the consent to search voluntary under the totality of circumstances? | Horne | State | No; consent was not voluntary under totality of circumstances. |
| Did the trial court misapply law by overemphasizing pre-search factors and underemphasizing post-warrant-check circumstances? | Horne | State | Yes; de novo review required more weight to post-check circumstances. |
Key Cases Cited
- Popple v. State, 626 So.2d 185 (Fla.1993) (consensual encounters may require weighing voluntary compliance)
- Golphin v. State, 945 So.2d 1174 (Fla.2006) (totality of the circumstances governs consent; retention of identification weighed)
- Tedder v. State, 18 So.3d 1052 (Fla. 2d DCA 2008) (retention of license after warrants check is part of totality analysis)
- Barna v. State, 636 So.2d 571 (Fla. 4th DCA 1994) (unlawful stop when retaining identification during investigation)
- United States v. Jordan, 958 F.2d 1085 (D.C.Cir.1992) (retention of license during questioning can augment seizure)
- United States v. Glover, 957 F.2d 1004 (2d Cir.1992) (seizure when officer requests search without return of ID)
- Perko v. State, 874 So.2d 666 (Fla. 4th DCA 2004) (consent obtained after license retention can be unlawful)
- Smith v. State, 753 So.2d 713 (Fla. 2d DCA 2000) (heavy weight on officer’s control of defendant’s property relative to consent)