State v. Hood
2011 Fla. App. LEXIS 13895
Fla. Dist. Ct. App.2011Background
- Hood was indicted on grand theft, burglary, and two counts of grand theft of a motor vehicle.
- Hood moved to suppress evidence seized under a search warrant, arguing the warrant was based on an unlawful entry/search.
- Investigating officers had unlawfully entered and briefly searched Hood’s residence and a garage.
- Joyner, as a crime victim, identified the stolen car and observed Hood’s maroon vehicle at the residence, supporting probable cause.
- An affidavit used to obtain the warrant included information from Joyner and later information from other officers, some of which derived from the unlawful search.
- The circuit court granted suppression, concluding the unlawful entry tainted the affidavit and invalidated the warrant; the State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does tainted information from an unlawful entry defeat the warrant? | State contends independent evidence suffices to support probable cause. | Hood argues tainted evidence invalidates the warrant and the affidavit. | Warrant valid despite taint; suppression reversed. |
| Are Joyner’s observations enough to establish probable cause independent of the unlawful entry? | Joyner’s specifics create probable cause to search the residence. | Unlawful entry taints the totality of the affidavit, undermining probable cause. | Independent observations establish probable cause; warrant valid. |
Key Cases Cited
- State v. Rabb, 920 So.2d 1175 (Fla. 4th DCA 2006) (illegally obtained evidence may be excised from affidavit while still establishing probable cause)
- State v. Hunwick, 434 So.2d 1000 (Fla. 4th DCA 1983) (taint analysis for affidavits following unlawful searches)
- Pilieci v. State, 991 So.2d 883 (Fla. 2d DCA 2008) (probable cause assessment based on totality of the circumstances)
- Exantus, 59 So.3d 359 (Fla. 2d DCA 2011) (two-element test for probable cause; nexus to place searched)
- Mercier v. State, 579 So.2d 308 (Fla. 2d DCA 1991) (exclusion of tainted information in establishing probable cause)
- Segura v. U.S., 468 U.S. 796 (1984) (illegality of entry impacts search warrant validity; independent evidence may sustain warrant)
- State v. Vanderhors, 927 So.2d 1011 (Fla. 2d DCA 2006) (totality of the circumstances in probable cause analysis)
- State v. Novak, 502 So.2d 990 (Fla. 3d DCA 1987) (informant credibility and veracity in probable cause determinations)
- Abbey v. State, 28 So.3d 208 (Fla. 4th DCA 2010) (great deference to trial court on warrant validity determinations)