STATE OF FLORIDA, APPELLANT,
v.
JANIES E. DEES, APPELLEE
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Florida appellate court reversed a suppression order, holding that evidence voluntarily given to police by the defendant's wife constituted neither a search nor a seizure under the Fourth Amendment, distinguishing the case from State v. Blakely where the wife was pressured into consenting to a warrantless search.
The court reversed the suppression order, holding that there was neither a search nor a seizure because the wife voluntarily gave the items to officers without any coercion or warrant demand, distinguishing this case from Blakely where the wife consented only after being told a warrant would be obtained if she refused.
[1] A spouse's consent to search is invalid if it is based solely on the marital relationship without further authority.
[2] Evidence voluntarily provided by a spouse to law enforcement officers, without a search or seizure, is admissible.
Previewing 2 of 5 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“In Blakely, the court held that the husband and wife relationship itself, without more, does not impute authority to one spouse to waive the other's constitutional right to demand a search warrant for the search of his premises.”
Establishes the controlling principle from Blakely that marital status alone does not authorize consent to waive Fourth Amendment rights.
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Join FLexlaw to unlock all legal intelligenceAppellee Dees was charged with breaking and entering. Police received a call that Mrs. Dees had stolen property she would turn over to police. Two off…
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Appellant seeks reversal of an order granting appellee’s pretrial motion to suppress certain evidence consisting of items allegedly stolen in a series of breaking and entering with which appellee was charged.
The trial court granted the motion on authority of State v. Blakely, 230 So.2d 698 (Fla.App.1970). Appellant contends that the case at bar is distinguishable from Blakely, supra, in that here the property comprising the suppressed evidence was voluntarily given to the officers by appellee’s wife. We agree and reverse.
In Blakely, the court held that the husband and wife relationship itself, without more, does not impute authority to one spouse to waive the other’s constitutional right to demand a search warrant for the search of his premises. In that case, an officer from the sheriff’s criminal investigation department arrived at Blakely’s apartment after the latter had been arrested and removed from the apartment. The officer asked appellee’s wife if he could search the apartment and she asked if he had a warrant. He said he didn’t have one but that if she didn’t want him to search without one he would obtain a warrant and then search the premises. She then said that under those circumstances he could go ahead and look. The officer looked and found the evidence suppressed. Although Mrs. Blakely subsequently signed a consent to the completed search, the court granted .Mr. Blakely’s motion to suppress on the grounds recited above.
The State distinguishes the instant case by pointing to the evidence that there was neither a search nor a seizure. At the hearing on appellee’s motion to suppress, no evidence was tendered by appellee. *52Only one witness testified for the State as to the circumstances under which the evidence came into the possession of the State. Deputy Calhoun testified that he received a call from Captain McBride stating that Mrs. Dees, appellee’s wife, had some stolen property she was going to turn over to the police. The two officers then met and proceeded to the appellee’s residence. They were met at the door by Mrs. Dees who proceeded to give them some items that she identified to be stolen property. She then led them through various rooms and she turned the items over to the officers piece by piece. They did not search for there was no need to in the face of the wife’s willingness to produce the items. The record is totally devoid of any evidence that the officers conducted a search or seized any property. To the contrary, appellee’s wife voluntarily gave the stolen items to them. It is true that the officers obtained her signature on a consent to search form, but the fact is that they conducted no search pursuant to the consent form.
Nor was there a seizure within the meaning of the constitution. To seize means “to take possession of forcibly, to grasp, to snatch, or to put in possession”. Hardie v. State, 140 Tex.Cr.R. 368, 144 S. W.2d 571. In People v. Alvarez, 236 Cal. App.2d 106, 45 Cal.Rptr. 721 (1965), the court held that where an officer was invited into a home and the occupant wife of the defendant voluntarily gave and permitted him to remove stolen property, such property was admissible in evidence. In those circumstances, the court held that there was neither a search nor a seizure. State v. Ashby, 245 So.2d 225 (Fla.1971).
We think there is a significant distinction between the case at bar wherein all of the evidence reveals there was no search and no seizure and the Blakely case relied upon by appellee wherein the evidence revealed that the wife asked if the officer had a search warrant and consented to the search only after he said he could go get a warrant if she did not consent. In our view, the evidence in the case at bar is as admissible as if the defendant’s wife had placed the stolen items in a box and carried them on down to the police station.
Accordingly, the order suppressing the evidence reviewed herein is reversed.
RAWLS and JOHNSON, JJ., concur.
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Mata v. State, 380 So. 2d 1157 (Fla. 3d DCA 1980)…seizure as the act of taking custody of evidence or contraband. Lightfoot v. State, 356 So. 2d 331 (Fla. 4th DCA 1978). Seizure also has been defined as the taking of possession forcibly, to grasp, to snatch or to put into possession. State v. Dees, 280 So. 2d 51 (Fla. 1st DCA 1973). There can be no constitutionally recognized “seizure” in the case at bar as Detective Johnson,2 after the narcotics dog Dewey alerted on the subject luggage, simply removed those pieces from the baggage carousel and then placed…
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Dees v. State, 291 So. 2d 195 (Fla. 1974)…BOYD, Justice. This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, First District, reported at 280 So. 2d 51. Conflict has been alleged between the decision sought to be reviewed and State v. Blakely1 and Carlton v. State.2 The petition for writ of certiorari reflected apparent jurisdiction in this Court. We issued the writ and have heard argument of the p…
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Lewis v. State, 296 So. 2d 575 (Fla. 1st DCA 1974)…that other for permission to enter the trailer, such permission was granted. The lesson of Moore v. Wainwright, 248 So. 2d 262 (Fla.App.1971); Gore v. State, 237 So. 2d 243 (Fla.App.1970); Mims v. State, 192 So. 2d 62 (Fla.App.1966); State v. Dees, 280 So. 2d 51 (Fla.App.1973), cert. denied, Fla., 291 So. 2d 195, and United States v. Matlock, 415 U.S. 164, 94 S.Ct. 988, 39 L.Ed.2d 242, is that a warrantless search and seizure of property located on or in the premises of another who has the sole or joint rig…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Ashby, 245 So. 2d 225 (Fla. 1971)
- State v. Ennis Walter Blakely, 230 So. 2d 698 (Fla. 2d DCA 1970)