97 So. 3d 282
Fla. Dist. Ct. App.2012Background
- The state moves for rehearing, seeking reversal of a prior suppression grant against two defendants who occupied a car where marijuana was found after a traffic stop.
- Officer Abrahamson stopped a black Infiniti on U.S. 27 for suspected illegal window tint; Christopher Sarrias drove, Jorge Sarrias sat in front passenger seat.
- A strong, distinct odor of raw cannabis emanated from the vehicle interior, leading to backup and a request for driver to exit the car; both Sarrias were handcuffed.
- A search of the car yielded 28 grams of marijuana in the glove box, an old burnt roach, and marijuana in the center console; both defendants were read Miranda rights and made statements.
- The trial court denied suppression of the evidence but suppressed the statements as tainted by an allegedly illegal arrest; the state appealed.
- The appellate court held the odor provided probable cause to search and arrest, improper handcuffing was justified by probable cause, and remanded for Miranda-related issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does raw cannabis odor establish probable cause to search and arrest? | Sarrias: no probable cause until search; odor alone insufficient. | Sarrias: no arrest/search until lawful basis established; suppression proper. | Yes; odor of raw cannabis creates probable cause to search and arrest. |
| Was handcuffing before discovery of marijuana unlawful arrest taint? | State argues probable cause justifies restraint; no illegality. | Sarrias contend pre-search handcuffing tainted the arrest and suppresses statements. | Probable cause existed; handcuffs permissible and not unlawful arrest taint. |
| Should suppression of statements be affirmed given Miranda considerations? | State argues statements were voluntary after Miranda warnings; taint not fatal. | Sarrias argue taint from unlawful arrest taints statements. | Reverse suppression of statements; remand for voluntariness/Miranda issues. |
Key Cases Cited
- Cresswell v. State, 564 So.2d 480 (Fla.1990) (stop allowed by traffic violation; tint violation supports stop)
- Holland v. State, 696 So.2d 757 (Fla.1997) (probable cause supports traffic stop)
- State v. Williams, 967 So.2d 941 (Fla.1st DCA 2007) (odor of burnt cannabis provides probable cause to search occupants)
- State v. T.P., 835 So.2d 1277 (Fla.4th DCA 2003) (smell of marijuana justifies detain/search)
- State v. K.V., 821 So.2d 1127 (Fla.4th DCA 2002) (odor and circumstances provide probable cause for arrest/search)
- Kimball v. State, 951 So.2d 35 (Fla.1st DCA 2007) (odor of raw marijuana from vehicle supports search)
- State v. Wells, 516 So.2d 74 (Fla.5th DCA 1987) (detention/search permitted with probable cause before arrest)
- Brown v. Illinois, 422 U.S. 590 (U.S.1980) (taint analysis; illegality affects admissibility)
- Reynolds v. State, 592 So.2d 1082 (Fla.1992) (handcuffs may be used during temporary detention for safety)
- F.E.H., Jr. v. State, 28 So.3d 213 (Fla.4th DCA 2010) (seizure analysis hinges on objective conduct, not officer belief)
- G.M. v. State, 19 So.3d 973 (Fla.2009) (Miranda voluntariness issues remanded for further consideration)