Summary
The Supreme Court of Florida held that a defendant's failure to file a pretrial motion to suppress did not waive the issue when the trial court exercised its discretion to hear and decide the motion on the merits during trial. The court also upheld the warrantless search of an attache case carried by the defendant at the time of his lawful arrest as a valid search incident to arrest. The court approved the district court's result but disapproved its waiver-based reasoning.
Topics
Practice areas
Questions Presented
- Whether a defendant's failure to file a pretrial motion to suppress constitutes an absolute waiver when the trial court exercises its discretion under Florida Rule of Criminal Procedure 3.190(h)(4) to hear the motion during trial and rules on its merits.
- Whether police may search the contents of a closed attache case carried by a person at the time of a lawful custodial arrest as a search incident to arrest.
Holdings
- When a trial court exercises its discretion to entertain a motion to suppress during trial, hears the motion on its merits, and rules on the merits, the defendant's pretrial waiver is no longer a proper ground for denying the motion.
- After accepting jurisdiction to resolve a legal conflict, the Supreme Court of Florida may, in its discretion, decide other properly raised, fully briefed, and dispositive issues in the case.
- A warrantless search of a container carried by a person at the time of a lawful custodial arrest is a valid search incident to arrest, even when the container is secured and beyond the arrestee's immediate reach when searched.
Key quotations
“However, once the decision is made to hear the motion on the merits, we find the issue of waiver is no longer before the court.” (at 312)
“In our view, the law is now clear that when there is a lawful arrest it is a reasonable intrusion incident to that arrest to search both the person and any container that person is carrying.” (at 314)
“We, therefore, conclude that the trial judge was correct in denying the motion to suppress the contents of Savoie's attache case.” (at 314)
Factual background
Savoie met with Officer Stewart and asked whether criminal charges against another person could be disposed of and what the service would cost. Stewart supplied Savoie with simulated evidence, including fabricated videotapes and envelopes containing money, in exchange for fifty $100 bills. After Savoie left the motel room carrying the simulated evidence in a locked attache case, police arrested him, seized the case, found its key during a search, and opened the case without a warrant or Savoie's consent.
Procedural history
Savoie was charged by information with bribery. During trial, he moved to suppress the contents of an attache case that police had searched without a warrant or consent following his arrest. The trial court denied the motion both on the merits and alternatively as untimely under Florida Rule of Criminal Procedure 3.190(h)(4). The Fifth District affirmed on waiver grounds without reaching the merits. The Supreme Court of Florida accepted review based on conflict with decisions of the Third and Second District Courts of Appeal, rejected waiver as the basis for denial, reached the merits, and approved the result while disapproving the district court's reasoning.