WILLIAM V. HIGGINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Higgins was charged with drug possession after police conducted an inventory search of his vehicle during a traffic incident in Lake Placid, Florida. The court reversed his conviction, holding that the inventory search was improper because police failed to advise him of alternatives to impoundment and lacked probable cause or proper arrest justification.
The court held that neither Ross nor Belton justified the inventory search because the officer lacked probable cause to believe the vehicle contained contraband and there was no proper arrest-based justification for the search. The court further held that under Miller v. State, officers must advise arrestees of alternatives to impoundment, and the failure to do so rendered the inventory search improper.
[1] An inventory search of a vehicle is improper if the officers fail to advise the arrestee of possible alternatives to impoundment.
[2] A vehicle search cannot be sustained under United States v. …
Previewing 2 of 4 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“Officer Gullatt had no probable cause to believe the vehicle contained contraband sufficient to come within the provisions of Ross. Nor was there any contention that the search was made incident to appellant's arrest so as to invoke Belton.”
Establishes that neither Supreme Court precedent justified the search in this case.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHiggins and his companion parked their car in a traffic lane while asking for directions. When Higgins backed up to pick up his companion, he struck a…
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CAMPBELL, Judge.
While driving down a public street in Lake Placid, Florida, appellant, William Higgins, and his companion, Daniel Laco-ney, stopped to ask directions. Laconey, who was driving, parked the car in the northbound lane of traffic, exited, and walked across the street seeking directions from a man who was standing in his front yard. As Laconey started back towards the car, appellant slid over to the driver’s seat and backed up, intending to pick up Laco-ney. While doing so, he struck a mailbox. Someone in the neighborhood reported the incident, and Trooper Victor Gullatt of the Florida Highway Patrol responded, followed soon thereafter by Deputy Elijah Smith.
Gullatt examined the car and the mailbox and concluded that the incident did not amount to an accident.
However, he also noticed that appellant and Laconey were very unsteady on their feet. He concluded that they were intoxicated and incapable of further driving.
Accordingly, Gullatt and Smith, intending to place the men in protective custody under the Myers Act, ordered them into Deputy Smith’s cruiser. Trooper Gullatt asked Mr. Reeber, the owner of the mailbox, if they could leave the car in his driveway and when Reeber refused, Gullatt called a wrecker and commenced a standard inventory search. He found two baggies of marijuana and three small packets of cocaine in the car. He then arrested appellant and Laconey, and the state later charged them in two counts with possession of controlled substances. After denial of his motion to suppress the controlled substances, appellant pled nolo contendere reserving his right to appeal the denial of his motion.
We first must decide whether the search and seizure can be sustained under the recent decisions of the United States Supreme Court in United States v. Ross, -U.S.-, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982), or New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981).
We conclude that they cannot. Officer Gul-latt had no probable cause to believe the vehicle contained contraband sufficient to come within the provisions of Ross. Nor was there any contention that the search was made incident to appellant’s arrest so as to invoke Belton. When Officer Gullatt arrived on the scene, he was responding to a traffic accident. Although he believed appellant and his companion were intoxicated “on something”, he also testified that his subjective intent when he conducted the search was based on a desire to inventory the vehicle’s contents preparatory to impounding it.
Therefore, neither Ross nor Belton applies. There is also no indication in the record that appellant or his companion was so intoxicated to the point of being unable to comprehend alternatives to impoundment had any alternatives been explained to them.
In Miller v. State, 403 So. 2d 1307 (Fla.1981), the court stated that an arresting officer must advise an arrestee of possible alternatives to impoundment. The officers did not do so here, and because they did not, the subsequent inventory search of the car was improper. See K.J.B. v. State, 420 So. 2d 114 (Fla. 2d DCA 1982). Therefore, the trial court erred in denying appellant’s motion to suppress.
REVERSED and REMANDED.
GRIMES, A.C.J., and SCHEB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bond v. State, 431 So. 2d 343 (Fla. 2d DCA 1983)…herein. We agree with the third district that the validity of the search here should not be affected by the fact that the deputy characterized the search as an inventory search. State v. Valdes, 423 So. 2d 944 (Fla. 3d DCA 1982). Higgins v. State, 422 So. 2d 81 (Fla. 2d DCA 1982); Stevens v. State, 412 So. 2d 456 (Fla. 2d DCA 1982); and Ross v. State, 428 So. 2d 781 (Fla. 4th DCA 1983), are inapplicable here. In Higgins, the defendants were not arrested but were taken into protective custody under the Myer…
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State v. Burke, 531 So. 2d 416 (Fla. 4th DCA 1988)…pondent of alternatives to impoundment of the vehicle he was driving, said to be required in Miller v. State, 403 So. 2d 1307 (Fla.1981), as a result of which the subsequent inventory search of the vehicle was found to be improper, Higgins v. State, 422 So. 2d 81 (Fla. 2d DCA 1982). The circuit court also held that the evidence of possession of marijuana presented at trial was insufficient as a matter of law. It is not clear whether the latter finding was predicated on the suppression of the marijuana found…
Authorities Cited
- United States v. Ross, 456 U.S. 798 (U.S. 1982)
- New York v. Belton, 453 U.S. 454 (U.S. 1981)
- Sims Crane Serv., Inc. v. Am-Cal Constr. Co., 403 So. 2d 1307 (Fla. 1980)
- K. J. B. v. State, 420 So. 2d 114 (Fla. 2d DCA 1982)