58 So. 3d 408
Fla. Dist. Ct. App.2011Background
- Officers surveilled defendant for suspected drug activity and stopped her for driving with a suspended license.
- Defendant was handcuffed and secured in a patrol car before officers searched her purse in the vehicle’s passenger compartment.
- Policemen found methamphetamine, marijuana, and ecstasy during the purse search.
- At the time, the search relied on the bright-line Belton rule, which allowed such searches post-arrest.
- Weeks later, Arizona v. Gant narrowed permissible searches incident to arrest, requiring the arrestee to be unsecured or that police reasonably suspect evidence related to the crime.
- The trial court held the purse search invalid under Gant but considered the good-faith exception to the exclusionary rule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the good-faith exception apply to pre-Gant searches? | State argues officers relied on settled Belton precedent in good faith. | Gant retroactively limits Belton; good faith should not save the search. | Yes; good-faith exception applies, so suppression was improper. |
| Is Belton-based search retroactively protected by the good-faith exception after Gant? | Pre-Gant practice was widely accepted and legitimate at the time. | Retroactivity is limited; Gant should apply. | Retroactivity recognized; good-faith exception saves the search. |
| Should the case be remanded with a certified question concerning the good-faith exception and Gant? | Certification may clarify the scope of good-faith application post-Gant. | No need for certification if the rule favors the state. | Yes; remand with certification of the question presented. |
Key Cases Cited
- New York v. Belton, 453 U.S. 454 (U.S. 1981) (permissible vehicle search after arrestee is secured)
- Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (limits vehicle search incident to arrest; requires unsecured arrestee or probable evidence relevance)
- United States v. Leon, 468 U.S. 897 (U.S. 1984) (good-faith exception to exclusionary rule)
- Illinois v. Krull, 480 U.S. 340 (U.S. 1987) (good-faith reliance on subsequently invalid law)