59 So. 3d 229
Fla. Dist. Ct. App.2011Background
- Howard challenged a DWLSR arrest search; vehicle search incident to arrest and warrant-based search occurred; suppression denied after evidentiary hearing; Gant issued after suppression but prior to appeal; appellate court determined the search was illegal under Gant but saved by good-faith exception, applying pre-Gant standards; court affirmed convictions and sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the vehicle search was valid under the pre-Gant framework | Howard argues the search violated Gant and should have been suppressed | State argues the good-faith exception applies and search within warrant scope | Yes, good-faith applies; search within warrant scope affirmed |
| Whether the good-faith exception applies to pre-Gant searches | Howard contends no exception after Gant changes | State asserts good-faith deters police misconduct regardless of Gant | Yes, good-faith exception applies to pre-Gant search in pipeline |
| Whether the warrant authorized the vehicle search on the premises | Search exceeds premises scope | Warrant included vehicles on premises | Warrant authorized vehicle search; search not illegal |
Key Cases Cited
- State v. Harris, 36 Fla. L. Weekly D133 (Fla. 1st DCA Jan. 19, 2011) (good-faith exception for pre-Gant searches)
- Brown v. State, 24 So.3d 671 (Fla. 5th DCA 2009) (limits of exclusionary rule and good-faith reliance pre-Gant)
- Arizona v. Gant, 129 S. Ct. 1710 (Supreme Court 2009) (limits on vehicle searches incident to arrest)
- Lowe v. State, 751 So.2d 177 (Fla. 2d DCA 2000) (premises-search authority for vehicles on site)
- State v. Booream, 560 So.2d 1303 (Fla. 2d DCA 1990) (vehicle searches within warrant scope)
- Freeman v. State, 673 So.2d 139 (Fla. 5th DCA 1996) (nexus requirements for warrant-authorized vehicle searches)