The following case was research and obtain from the first district court of appeals.
This case deals with a warrant less search incident to arrest:
During a search of a motel for a suspect of a stolen vehicle, police officers received
consent from Mr. Jesse Washington (defendant) to search his motel room for the suspect.
While therein, and in plain sight, officers seized a baggie containing cocaine residue which
was sticking out of a shoe. The officers exited the motel room to arrest Mr. Washington,
then re-entered the room to search for drugs. During the second search, the officers found
a pill bottle containing cocaine which was hidden in a hat.
Mr. Washington was subsequently convicted on one count of possession of drug
paraphernalia and one count of drug possession. The defendant filed a motion to appeal
with the first district court of appeals to suppress the baggie and the cocaine evidence. The
first D.C.A., held that the seizure of the baggie was proper under the fourth amendment.
The reason being that the defendant gave consent to search his motel room.
The officers while legally in the room for the purposes of looking for a suspect, observed
the baggie in plain view therefore, the first D.C.A., affirmed the conviction of possession of
drug paraphernalia.
As to the count of possession of drugs (seizure of the cocaine in the pill bottle), the court
held that had the officers arrested the defendant inside his motel room and then searched
the immediate area, the search would have upheld. The reason being that incident to a
lawful arrest, is limited to the area within the immediate control of the defendant.
Research and written by C.L.A. Nelson Delgado, edited by Jorge Vidal Esq.
The ideas expressed herein are solely those of the author and not the expressed opinion of the Latino
Officers Association Florida, Inc.
Please included your name and e-mail to any question or concerns.
This case deals with a warrant less search incident to arrest:
During a search of a motel for a suspect of a stolen vehicle, police officers received
consent from Mr. Jesse Washington (defendant) to search his motel room for the suspect.
While therein, and in plain sight, officers seized a baggie containing cocaine residue which
was sticking out of a shoe. The officers exited the motel room to arrest Mr. Washington,
then re-entered the room to search for drugs. During the second search, the officers found
a pill bottle containing cocaine which was hidden in a hat.
Mr. Washington was subsequently convicted on one count of possession of drug
paraphernalia and one count of drug possession. The defendant filed a motion to appeal
with the first district court of appeals to suppress the baggie and the cocaine evidence. The
first D.C.A., held that the seizure of the baggie was proper under the fourth amendment.
The reason being that the defendant gave consent to search his motel room.
The officers while legally in the room for the purposes of looking for a suspect, observed
the baggie in plain view therefore, the first D.C.A., affirmed the conviction of possession of
drug paraphernalia.
As to the count of possession of drugs (seizure of the cocaine in the pill bottle), the court
held that had the officers arrested the defendant inside his motel room and then searched
the immediate area, the search would have upheld. The reason being that incident to a
lawful arrest, is limited to the area within the immediate control of the defendant.
Research and written by C.L.A. Nelson Delgado, edited by Jorge Vidal Esq.
The ideas expressed herein are solely those of the author and not the expressed opinion of the Latino
Officers Association Florida, Inc.
Please included your name and e-mail to any question or concerns.
Article 2 Volume 1
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