State v. Fosmire
135 So. 3d 1153
| Fla. Dist. Ct. App. | 2014Background
- The State appeals a partial suppression order regarding a Sony tablet and three cell phones; Fosmire cross-appeals a denial related to the tablet and an unrelated discovery order.
- Police responded to a domestic violence call at Fosmire and Evans’ home; they recovered property including stolen fishing gear.
- Fosmire invited police into the home, consented to searching for stolen property, and signed a statement acknowledging permission to search.
- An officer examined the Sony tablet to verify serial numbers; the home screen revealed a photo of stolen property, leading to a broader search.
- Tablet contents yielded alleged child pornography; three cell phones were seized, allegedly belonging to Evans, and were later examined under a warrant.
- The trial court found Fosmire’s tablet consent voluntary and valid, but suppressed the three cell phones; Fosmire and Evans disputed ownership and consent.
- On appeal, the court held Fosmire lacked standing to challenge Evans’ two cell phones; the tablet search was affirmed; two Evans’ phones were excluded from suppression relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge seizure of Evans’ cell phones | Fosmire owned no Evans’ phones, so no standing. | Disclaiming ownership does not foreclose Fourth Amendment rights in the home. | Fosmire lacked standing; Evans’ two phones reversed from suppression. |
| Validity of Fosmire's consent to search the Sony tablet | Consent to search tablet was voluntary and authorized. | Fosmire denied consent and claimed no authority to search tablet. | Tablet search upheld; suppression denied. |
| Scope of suppression regarding the three cell phones | Cell phones tainted by unlawful search should be suppressed. | Consent and home search authority apply to phones discovered there. | Two Evans’ phones excluded from suppression; overall ruling reversed in part. |
Key Cases Cited
- Mori v. State, 662 So.2d 431 (Fla. 3d DCA 1995) (standing defeated when property voluntarily abandoned)
- State v. Jones, 454 So.2d 774 (Fla. 3d DCA 1984) (disclaimer of ownership ends privacy expectation)
- State v. Fernandez, 86 So.3d 120 (Fla. 2d DCA 2010) (standing can be raised on appeal as Fourth Amendment issue)
- St. John v. State, 400 So.2d 779 (Fla. 1st DCA 1981) (standing to challenge search guided by Fourth Amendment)