76 So. 3d 399
Fla. Dist. Ct. App.2011Background
- McCullough was arrested during a warrant round-up after pulling into her private driveway and locking her car door.
- The arrest occurred while she was handcuffed in the patrol car; her keys were thrown to her son, who entered the residence.
- The officer later unlocked the car with McCullough’s key and searched the vehicle, including her purse, inside the car.
- Cash, marijuana, and cocaine were found in McCullough’s purse during the search.
- The warrant issued four to five months earlier alleged cocaine sales; no underlying basis for the warrant or the warrant itself was admitted at suppression hearing.
- The trial court suppressed the vehicle search, concluding it violated Arizona v. Gant because there was no independent evidence linking to the underlying offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether vehicle search incident to arrest violated Gant's second prong | McCullough | State | Unconstitutional search; suppression affirmed |
| Whether Brown v. State controls the outcome | McCullough | State | Brown distinguishable; not controlling |
| Whether lack of evidence linking the warrant offense to the vehicle affects reasonableness | McCullough | State | Not reasonable to believe vehicle contained offense evidence; search unreasonable |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (vehicle search limited to reasonable belief evidence of underlying offense)
- Brown v. State, 24 So.3d 671 (Fla. 5th DCA 2009) (fact-specific limits on vehicle searches after arrest)
- U.S. v. Reagan, 713 F.Supp.2d 724 (E.D. Tenn. 2010) (disagrees with Brown interpretation of Gant)