Villanueva v. State
189 So. 3d 982
| Fla. Dist. Ct. App. | 2016Background
- Officer Dollison stopped Villanueva for failing to come to a complete stop at a stop sign and requested his license and registration.
- At the patrol car, the officer ran a computer check that showed Villanueva was on probation; there were no outstanding warrants.
- The officer testified his standard practice then was to retain a driver’s license until after asking for consent to search; he did not recall returning Villanueva’s license before requesting consent.
- Before issuing the citation (the only remaining task, per the officer), Dollison asked why Villanueva was on probation and then asked for consent to search the person and vehicle; Villanueva said, “Go ahead. I have no choice because I’m on probation.”
- The officer did not correct Villanueva’s mistaken belief he could not refuse; the search produced methamphetamine and paraphernalia. The encounter lasted about eleven minutes.
- Villanueva pleaded but reserved the right to appeal denial of his motion to suppress; the Second District reversed, finding the consent involuntary and directing discharge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consent to search was voluntary | Villanueva: consent involuntary because he was detained beyond lawful stop, his license was retained, and he believed he could not refuse due to probation | State: no proof license was retained; stop lasted only 11 minutes and consent was voluntary | Court: Consent involuntary — totality shows retention of license, lack of advisement that he was free to leave, and mistaken belief about probation rendered consent involuntary |
| Whether detention exceeded the time to complete traffic stop | Villanueva: detention continued after officer had only to issue citation, so exceeded lawful duration | State: delay attributable to warrant/probation checks and the search; total duration short (11 minutes) | Court: At time consent was requested, only citation remained; detention extended beyond legal duration when citation was not issued until after custody |
| Whether the probation status justified a search without consent or warning | Villanueva: probation status does not eliminate Fourth Amendment protections | State: did not argue probation exception; implicitly relied on consensual search | Court: Not addressed as a justification; court noted State did not invoke probation exception and cited authority that probation does not eliminate rights |
| Burden of proof on voluntariness after illegal seizure | Villanueva: where seizure was illegal, State must show break in chain of illegality | State: asserted consent was voluntary, so sufficient | Court: Applied standard — State must show consent voluntary; concluded it failed to overcome taint of detention |
Key Cases Cited
- Towner v. State, 713 So. 2d 1030 (Fla. 5th DCA 1998) (trial court’s voluntariness finding reviewed for clear error)
- Kutzorik v. State, 891 So. 2d 645 (Fla. 2d DCA 2005) (State must show break in chain of illegality when consent follows illegal seizure)
- Golphin v. State, 945 So. 2d 1174 (Fla. 2006) (seizure determined by totality of the circumstances)
- Horne v. State, 113 So. 3d 158 (Fla. 2d DCA 2013) (retention of license and advisement about freedom to leave are important factors)
- Stubbs v. State, 661 So. 2d 1268 (Fla. 5th DCA 1995) (officers not required to advise right to refuse consent)
- Luna-Martinez v. State, 984 So. 2d 592 (Fla. 2d DCA 2008) (awareness of right to refuse is relevant to voluntariness)
- I.R.C. v. State, 968 So. 2d 583 (Fla. 2d DCA 2007) (same)
- State v. K.S., 28 So. 3d 985 (Fla. 2d DCA 2010) (mixed questions of law and fact reviewed de novo)
- State v. Clark, 986 So. 2d 625 (Fla. 2d DCA 2008) (same)
- State v. Kindle, 782 So. 2d 971 (Fla. 5th DCA 2001) (traffic stop lasts no longer than time to write citation unless consent to search extends it)
- Grubbs v. State, 373 So. 2d 905 (Fla. 1979) (probation does not automatically eliminate Fourth Amendment protections)