WILLIE MAE ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the impoundment and search, agreeing with a Second District case that a reasonable alternative to impoundment is no longer required. However, the court certified a question to the Florida Supreme Court regarding the effect of a constitutional amendment and a US Supreme Court decision on prior state precedent.
Police stopped a rented car for a traffic infraction. The driver and passenger were unlicensed, and the rental agreement was made out to a third party…
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LETTS, Judge.
Involved is the lack of a police offer of any reasonable alternative to impoundment after a valid automobile stop. We affirm.
The defendant was the only passenger in a rented automobile being driven on the Florida Turnpike. The police pulled the car over for a traffic infraction which is not in issue here. The driver had no license and a computer check of his name showed that his license had been suspended. Also without a license was the defendant/passenger and the agreement for the rental of the automobile was made out to a third party not even present in the car, though the occupants claimed they had permission from that third party to use the vehicle. The vehicle was impounded, and an inventory search ensued revealing contraband.
In a recent case out of the Second District, it was held that the requirement of the Florida Supreme Court’s opinion in Militer
that a reasonable alternative to impoundment must be offered “no longer exists.” State v. Williams, 516 So. 2d 1081 (Fla. 2d DCA 1987). Needless to say, the Second District did not arbitrarily overrule the Florida Supreme Court, and reached its conclusion because of a United States Supreme Court decision on the same subject. See Colorado v. Bertine, 479 U.S. 367, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987).
We have read Colorado v. Bertine and agree with the Second District. Notwithstanding, we are unable to ignore our own Supreme court’s pronouncements and we therefore certify the following question, it assuredly being one of great public importance:
DOES THE 1983 AMENDMENT TO ARTICLE I SECTION 12 OP THE FLORIDA CONSTITUTION, COUPLED WITH THE COLORADO v. BERTINE DECISION, OVERRULE MILLER v. STATE, PROVIDING THE POLICE ARE NOT ACTING IN BAD FAITH?
AFFIRMED.
HERSEY, C.J., and DOWNEY, J., concur. . Miller v. State, 403 So. 2d 1307 (Fla.1981).
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Hill v. State, 547 So. 2d 175 (Fla. 4th DCA 1989)…” Id. Accordingly, the trial court erred in permitting the state to excuse the juror. Finally, we find no error in the trial court’s denial of the motion to suppress the evidence discovered in the automobile inventory search. See Robinson v. State, 526 So. 2d 164 (Fla. 4th DCA 1988), aff'd, 537 So. 2d 95 (Fla.1989). REVERSED AND REMANDED FOR A NEW TRIAL. GUNTHER and STONE, JJ., concur. HERSEY, C.J., dissents with opinion.…
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Robinson v. State, 537 So. 2d 95 (Fla. 1989)…BARKETT, Justice. We have for review Robinson v. State, 526 So. 2d 164 (Fla. 4th DCA 1988), which certified the following question of great public importance: DOES THE 1983 AMENDMENT TO ARTICLE I SECTION 12 OF THE FLORIDA CONSTITUTION, COUPLED WITH THE COLORADO v. BERTINE DECISION,[1] OVERRULE MILLER v. STATE,[2] PROV…1 / 2
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State v. Smith, 529 So. 2d 1226 (Fla. 3d DCA 1988)…Williams, 516 So. 2d 1081 (Fla. 2d DCA 1987), that Bertine obviates the Miller requirement that an arrested driver be offered an alternative to impoundment prior to police conducting an inventory search of the driver’s vehicle. In Robinson v. State, 526 So. 2d 164 (Fla. 4th DCA 1988), the fourth district followed Williams on facts that involved the impoundment of a rental vehicle and a subsequent inventory search which revealed contraband.3 Despite Smith’s contentions, his rights were not violated by the off…
Authorities Cited
- Colorado v. Bertine, 479 U.S. 367 (U.S. 1987)
- Sims Crane Serv., Inc. v. Am-Cal Constr. Co., 403 So. 2d 1307 (Fla. 1980)
- Alario & Assocs., Inc. v. Jorge Resendiz, Inc., 516 So. 2d 1081 (Fla. 2d DCA 1987)