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Search and Seizure Laws: How far is too far?

Dawn Hawley learned firsthand how far a Seminole County Deputy could go, legally, in searching her personal belongings without a warrant. As a result of this search, deemed legal by Florida’s Fifth DCA, Ms. Hawley’s conviction for possession of ecstasy was upheld on October 21st. Hawley v. State, Case No. 5D05-196, (Fla. 5th DCA, October 21, 2005).

Hawley’s initial arrest stemmed from the conduct of her friend, who “ducked down” in her car while a Seminole County Deputy was driving by. Based on this conduct, Deputy Morris approached Hawley’s friend and asked for her identification. When she reached into her purse for her ID, Deputy Morris saw a bag of marijuana inside the purse. He then arrested Hawley’s friend, and removed her from the car so he could conduct what is commonly known as a “search incident to arrest.”

Unfortunately for Miss Hawley, her purse was sitting in the back of the car. When she asked the Deputy if she could retrieve it prior to him searching the car, Deputy Morris refused her request. The Deputy used a drug sniffing dog to alert him to the presence of marijuana behind the driver’s seat of the car, and retrieved Hawley’s purse via the trunk. He then arrested Hawley after finding pills inside a pack of cigarettes.

The Fourth Amendment to the United States Constitution was enacted to protect against unreasonable searches and seizures of a citizen’s property. When a warrantless search and seizure occurs, the State has the burden to prove that the search falls under a recognized exception to the warrant requirement. The United States Supreme Court has found that an officer may search the passenger compartment of a vehicle as a search incident to a lawful arrest. New York v. Belton, 453 U.S. 454, 464 (1981).

Because the arrest of Miss Wilson was lawful, Deputy Morris had the legal right to search the interior of her car, including the passenger areas. The key to this case was the fact that marijuana was found behind the driver’s seat. The police may not search the trunk of a car unless contraband is first found in the passenger compartment. Leary v. State, 880 So.2d 776, 777 (Fla. 5th DCA 2004). Accordingly, if there was no marijuana in the car, then Hawley may have been safe from the Deputy’s search, or if he had searched her purse, then the evidence against Ms. Hawley may have been suppressed.

However, as it was, because there was additional marijuana in the car, the search of Hawley’s purse was legal, and the conviction stands.

If you have any questions about this particular case, or are wondering if there are legal grounds to suppress evidence in your case, contact Orlando criminal attorney James Hart to schedule a free consultation.

©2008 Law Offices of James W. Hart, All Rights Reserved, Reproduced with Permission
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