79 So. 3d 876
Fla. Dist. Ct. App.2012Background
- State appeals an order granting Taylor's motion to suppress evidence from a traffic stop.
- Stop occurred due to loud music; Taylor lacked his license and provided only a Florida ID.
- Teletype check revealed Taylor's license was suspended; deputy handcuffed him and Mirandized him.
- Taylor admitted lying about the suspension; he was arrested for driving with a suspended license with knowledge.
- Deputy searched Taylor's vehicle during a stop-incident search and found pills left of the steering wheel; field tested positive.
- Trial court suppressed the evidence, citing Arizona v. Gant; Davis v. U.S. later controlled on good-faith exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the good-faith exception apply to pre-Gant searches? | Davis controls; good faith applies. | Gant would foreclose; suppression required absent good faith. | Yes; good-faith exception applies; suppression denied. |
Key Cases Cited
- Davis v. United States, 131 S. Ct. 2419 (2011) (good-faith exception for pre-Gant searches)
- Arizona v. Gant, 556 U.S. 332 (2009) (limits on vehicle searches after arrest)
- Brown v. State, 24 So.3d 671 (Fla. 5th DCA 2009) (applied to pre-Gant context in Florida)
- Connor v. State, 803 So.2d 598 (Fla.2001) (independent review of mixed questions of law and fact)
- State v. Harris, 58 So.3d 408 (Fla.1st DCA 2011) (good-faith question certified then dismissed)