BIENVENIDO RODRIGUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Bienvenido Rodriguez was convicted of trafficking in narcotics after a jury found him operating a boat loaded with marijuana. On appeal, Rodriguez challenged the legality of the seizure and the sufficiency of evidence; the court affirmed, holding that probable cause existed for the seizure, the arrest justified a search of containers within reach, and circumstantial evidence supported the conviction.
The court held that (1) probable cause existed for the seizure, (2) a lawful custodial arrest justifies the search of containers within the arrestee's reach without infringing privacy rights, and (3) the circumstantial evidence presented was sufficient to sustain a conviction for joint possession of the contraband.
[1] Probable cause for seizure exists when an officer has a reasonable belief that a crime has been committed and that the property to be seized is connected with that crime.
[2] Lawful custodial arrest justifies the infringement of any privacy interest the arrestee may have as to containers within their reach.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“there was probable cause for the seizure, Albo v. State, 379 So. 2d 648 (Fla.1980), (2) lawful custodial arrest justifies the infringement of any privacy interest the arrestee may have as to containers within his reach, New York v. Belton, - U.S. -, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), and (3) the facts presented by the state were sufficient circumstantial evidence of appellant's knowledge and ability to control the contraband to sustain a conviction for joint possession”
The court's holding on all three appellate issues regarding the legality of seizure, search of containers incident to lawful arrest, and sufficiency of evidence for joint possession conviction.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOfficer Hewes discovered two abandoned trucks near Biscayne Bay, one containing marijuana bales. From a police helicopter, officers observed a boat lo…
The full statement of facts, procedural history, and disposition for this case are member content.
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FERGUSON, Judge.
This appeal is from an adjudication and sentence for trafficking in narcotics following a jury verdict of guilty. The pertinent facts are as follows.
Officer Hewes of the Dade County Public Safety Department, while on routine patrol in the area of S.W. 280th Street and Biscayne Bay, came upon two trucks, a dump truck and a pick-up truck, both of which appeared to be abandoned. He looked into the dump truck and saw a number of bales of what he knew, based on experience, to be marijuana. He summoned a police helicopter. Hewes and Officer Woods, the helicopter pilot, while flying around the area observed a twenty-five foot boat about three-fourths of a mile from where the marijuana had been discovered. The boat was the only one in the area and was “low in the water leaving a big wake.” Two men were on the boat one being appellant who was the operator. The boat was loaded with what appeared to be marijuana bales. Appellant was sitting atop one of the bales when he was observed by the officers. Officer Woods was familiar with marijuana and the customary packaging of the substance in burlap bales, which bales were visible from the air. As the. helicopter drew closer appellant accelerated in an attempt to flee the police aircraft. The officers could smell a strong odor of marijuana while they were more than twenty feet away from the boat. A walkie-talkie found in the boat was keyed to the same frequency as a walkie-talkie found in the truck.
In response to the points on appeal, we hold (1) there was probable cause for the seizure, Albo v. State, 379 So. 2d 648 (Fla.1980), (2) lawful custodial arrest justifies the infringement of any privacy interest the arrestee may have as to containers within his reach, New York v. Belton, - U.S. -, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), and (3) the facts presented by the state were sufficient circumstantial evidence of appellant’s knowledge and ability to control the contraband to sustain a conviction for joint possession. Winchell v. State, 362 So. 2d 992 (Fla. 3d DCA 1978), cert. denied, 370 So. 2d 462 (Fla.1979); Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967).
Affirmed.
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Authorities Cited
- New York v. Belton, 453 U.S. 454 (U.S. 1981)
- Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967)
- Albo v. State, 379 So. 2d 648 (Fla. 1980)
- Winchell v. State, 362 So. 2d 992 (Fla. 3d DCA 1978)