Background

• Kilburn was stopped for weaving and crossing the centerline, observed over about 2.5 miles, leading to a DUI arrest at approximately 1:30 a.m.
• Kilburn’s truck was towed and impounded, necessitating an inventory search of the vehicle.
• Deputy testified the Sheriff’s policy required an inventory search when a vehicle is towed, but there were no standardized criteria for performing the search.
• Drugs including marijuana (under 20 grams) and alprazolam/hydrocodone were found during the inventory search.
• Kilburn moved to suppress the evidence as unlawful seizure and as fruit of an invalid search; the trial court denied both motions.
• On appeal, the court affirmed the stop but reversed the denial of the inventory-search suppression, remanding to discharge Kilburn on the drug offenses.

Issues

Key Cases Cited

• State v. Wells, 539 So.2d 464 (Fla. 1989) (standardized criteria required for inventory searches)
• Colorado v. Bertine, 479 U.S. 367 (1987) (inventory searches are a well-defined exception to the warrant requirement)
• South Dakota v. Opperman, 428 U.S. 364 (1976) (justifications for inventory searches of impounded vehicles)
• Rodriguez v. State, 702 So.2d 259 (Fla. 3d DCA 1997) (impoundment decisions must follow standardized criteria)
• Beezley v. State, 863 So.2d 386 (Fla. 2d DCA 2003) (reversal where no standardized criteria for inventory search)
• Patty v. State, 768 So.2d 1126 (Fla. 2d DCA 2000) (directing suppression where standard criteria not shown)
• Roberson v. State, 566 So.2d 561 (Fla. 1st DCA 1990) (open containers during inventory must be standard practice)
• Connor v. State, 803 So.2d 598 (Fla. 2001) (strict review of suppression rulings; de novo when no factual challenge)
• Gandy v. State, 766 So.2d 1234 (Fla. 1st DCA 2000) (standardized-criteria framework for inventory/search decisions)