Smith v. State
2012 Fla. App. LEXIS 13621
| Fla. Dist. Ct. App. | 2012Background
- Appellant challenges his trafficking conviction and a three-year sentence for hydrocodone.
- Deputy found Appellant lying in a yard near a truck with door open, keys in ignition, and radio playing in the rain.
- Appellant gave ID; deputy observed he appeared intoxicated and suspected involvement with something illegal.
- Appellant appeared to conceal a small plastic bag containing several white pills on the driver’s seat.
- Deputy seized the bag, questioned what the pills were, and Appellant identified them as Lortab and stated purchase details.
- Appellant moved to suppress the pills and his statements; trial court denied the motions; issue on appeal concerns suppression standards and admissibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the encounter became an investigatory detention | Appellant argues the deputy’s actions converted to detention when taking the bag and querying. | Smith contends the encounter remained consensual until a determination of suspicion. | Investigation detention invalid; insufficient reasonable suspicion. |
| Whether there was probable cause to seize the pills | Appellant contends no probable cause for seizure or contraband inference. | State argues pills appeared suspicious given concealment and circumstances. | Seizure invalid for lack of probable cause. |
| Whether suppressed statements were obtained under custodial interrogation without Miranda | Appellant argues statements were elicited under custodial interrogation without Miranda warnings. | State asserts interrogation did not occur under custodial conditions if suppression succeeds for other reasons. | Statements suppressed as the detention was invalid and tainted interrogation. |
Key Cases Cited
- Popple v. State, 626 So.2d 185 (Fla. 1998) (defines three levels of police-citizen encounters)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishes stop and frisk under reasonable suspicion)
- State v. Gandy, 766 So.2d 1234 (Fla. 1st DCA 2000) (totality of circumstances for reasonable suspicion)
- Dames v. State, 566 So.2d 51 (Fla. 1st DCA 1990) (taint analysis for invalid detention)
- Nelson v. State, 850 So.2d 514 (Fla. 2003) (admonishes independent review of mixed law and fact on constitutional issues)
- Hankerson, 65 So.3d 502 (Fla.2011) (framework for reviewing suppression rulings)
- Rimmer v. State, 825 So.2d 304 (Fla.2002) (plain-view doctrine and immediacy of incriminating character)
- Horton v. California, 496 U.S. 128 (U.S. 1990) (plain-view doctrine requirements)