STATE OF FLORIDA, APPELLANT,
v.
ALPHONSO A. LINGO, APPELLEE

Fla. 4th DCA | 2001-10-10
No. 4D00-3592
SHAHOOD, J., and SILVERMAN, SCOTT J., Associate Judge, concur.
796 So. 2d 1238 Florida District Court of Appeal, Fourth District (2001) Positive Treatment
Cited by 2 cases

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Synopsis

Florida appeals the trial court's suppression of firearms and related items discovered during an arrest. The appellate court reverses, holding that the search of the area within the arrestee's immediate control and items in plain view were proper under established search incident to arrest doctrine.


Holding

The search was proper under search incident to arrest doctrine. The handgun found under the mattress was within the arrestee's immediate control, and the gun cases and shotgun in plain view in the doorless closet were properly seized because possession by a convicted felon would constitute a crime.


Headnotes

[1] A warrantless search of the area within an arrestee's immediate control is permissible incident to a lawful arrest.

[2] Items in plain view may be seized by law enforcement officers when they have probable cause to believe the items are contraband or evidence of a crime.

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Key Quotes

“the area into which an arrestee might reach in order to grab a weapon or evidentiary item”

Establishes the legal standard from Chimel v. California for the scope of search incident to arrest

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Facts & Procedural History

Officers, acting on information that the defendant was engaged in criminal activity and had an outstanding arrest warrant, entered a residence with co…

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Opinion of the Court
KLEIN, J.

KLEIN, J.

The state appeals an order suppressing a handgun, a shotgun, two handgun cases and one handgun holster. We reverse.

Based on information that appellant was engaging in criminal activity, officers inquired and discovered that there was an outstanding warrant for his arrest. Without a search warrant, officers entered a residence with the consent of some of the occupants and found appellant sitting on a bed. They immediately placed him under arrest and handcuffed him. As appellant got up off the bed in order for the officers to search him, one of the officers noticed a bulge in the mattress, lifted it up, and found a handgun where appellant had been sitting. Another officer observed, in a closet which did not have a door, gun eases. When the officer bent over to look at the gun cases he saw a shotgun.

The trial court suppressed the handgun found under the mattress and the items in the closet, stating at the hearing that the strongest argument against suppression would have been the safety of the officers, but that was not a legitimate concern because the defendant had been handcuffed. The state appeals, arguing that the trial court applied the standards applicable to a search incident to a stop and frisk instead of those applicable to a search incident to arrest.

In Chimel v. California, 395 U.S. 752, 762, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969) the United States Supreme Court allowed an unwarranted search of “the area into which an arrestee might reach in order to grab a weapon or evidentiary item.” The Court concluded that a gun on a table or in a drawer in front of one who is arrested can be as dangerous to the arresting officer as one concealed in the clothing of the person arrested. Therefore there was justification for a search of the arrestee’s person and the “area within his immediate control.”

The holding of Chimel has been codified in section 901.21, Florida Statutes, which authorizes an officer making an arrest to search “the area within the person’s immediate presence or control.” See also Savoie v. State, 422 So. 2d 308 (Fla.1982)(search of defendant’s briefcase incident to an arrest upheld even though the search was not done until after defendant had been placed under arrest and handcuffed); New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981)(search of pocket in defendant’s jacket which was zipped closed and had been inside defendant’s car upheld, even though defendant had already been arrested and handcuffed, and was being held outside the vehicle). The search under the mattress where appellant was sitting was accordingly proper. As to the gun cases and the shotgun which were in the doorless closet, these were in plain view. Because the officers had reason to believe that appellant was a convicted felon, it would have been a crime for appellant to have them in his possession. Suppression of this evi-denee was, accordingly, also error. Reversed.

SHAHOOD, J., and SILVERMAN, SCOTT J., Associate Judge, concur.


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Citator

Cited By

  • State v. McDONALD, 826 So. 2d 1081 (Fla. 4th DCA 2002)
    …CA 1999). Thus, the arresting deputy had probable cause to arrest at the time of the stop. With the existence of probable cause established, the subsequent search of the truck was justified as incident to the defendant’s arrest. See State v. Lingo, 796 So. 2d 1238 (Fla. 4th DCA 2001); Caraballo v. State, 753 So. 2d 695 (Fla. 4th DCA 2000). The motion to suppress should have been denied. We reverse and remand. STONE, J. and JACOBUS, BRUCE, Associate Judge, concur.…

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