STATE OF FLORIDA
v.
JOSE RODRIGUEZ, JR.
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A warrantless search incident to arrest is unreasonable when the arrestee has been secured and removed from the area, as neither officer safety nor evidence preservation justifications exist.
[1] A warrantless search incident to arrest is unreasonable when the arrestee has been secured and removed from the area where the search occurs, because neither officer safe…
Previewing 1 of 1 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“Police may search a vehicle incident to a recent occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest.”
Arizona v. Gant, 556 U.S. 332, 351 (2009), establishing the standard for searches incident to arrest.
Jose Rodriguez, Jr. was arrested, and police conducted a warrantless search of property associated with him. The trial court found the search violated…
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PER CURIAM.
Affirmed. See Arizona v. Gant, 556 U.S. 332, 351 (2009) ("Police may search a vehicle incident to a recent occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest. When these justifications are absent, a search of an arrestee's vehicle will be unreasonable unless police obtain a warrant or show that another exception to the warrant requirement applies."); Ancrum v. State, 146 So. 3d 1217, 1220-21 (Fla. 2d DCA 2014) (citing Gant and determining that the search of a jacket found on a bedroom floor was not justified when Ancrum had been secured and removed from the bedroom); Harris v. State, 238 So. 3d 396, 398, 401-02 (Fla. 3d DCA 2018) (applying Gant in a case concerning the search of a backpack Harris had been wearing when he was stopped on a dirt bike and arrested for traffic violations, with an officer removing the backpack, handcuffing Harris, and taking him away from the area where the backpack was subsequently searched; determining that the warrantless search was not valid as one incident to arrest when the officers had gained "exclusive control" of Harris's backpack and that "once an arrestee has been secured, both justifications for the search incident to arrest exception—officer safety and preservation of evidence—are absent").
CASANUEVA, SILBERMAN, and LaROSE, JJ., Concur. Opinion subject to revision prior to official publication.
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State v. Ford (Fla. 2d DCA 2026)
Authorities Cited
- Arizona v. Gant, 556 U.S. 332 (U.S. 2009)
- Harris v. State, 238 So. 3d 396 (Fla. 3d DCA 2018)
- Ancrum v. State, 146 So. 3d 1217 (Fla. 2d DCA 2014)