Winters v. State
Winters v. State
Opinion of the Court
Appellant Winters appeals a judgment of guilty entered pursuant to a plea of nolo contendere with reservation of right to appeal. The issue posed challenges the trial court’s order denying appellant’s motion to suppress evidence obtained from a search of his dwelling without a valid search warrant.
Late in the year 1972 or early in 1973, someone erected a mailbox on State Road 319 on a rural route in Wakulla County serviced by the Crawfordville Post Office. The mailbox bore the name of J. W. Williams and was assigned number 30 by the rural mail carrier. The mail carrier had never seen any person by the name of J. W. Williams. In February, 1973, a letter containing cocaine, which was mailed from the South American country of Colombia and addressed to J. W. Williams at his rural post office box in Wakulla County, was intercepted by the U. S. Bureau of Customs in Miami.
In January of 1974, the letter which gives rise to this controversy was intercepted by the customs office' in Miami. The letter, which contained cocaine, was from Bogota, Colombia, and was addressed
The Parramores and appellant Winters were arrested and subsequently charged by information with: 1) possession of more than five grams of cannabis sativa, 2) possession of cocaine, and 3) possession of paraphernalia to be used for unlawfully administering a controlled substance. Upon timely motions to suppress evidence and search warrant, the trial court entered its order finding the affidavit upon which the search warrant was predicated to be insufficient and suppressing the evidence procured through the service of the defective search warrant. In its order suppressing the evidence, the trial court specifically stated: “The Court does not decide any question as to whether the officers conducting the search had probable cause to believe that a felony was being committed in their presence and the Court therefore defers any ruling on such question.” Thereafter, appellant moved to suppress the evidence which had been seized in the residence. After conducting an extensive hearing the trial court denied that motion to suppress. Appellant entered his plea of nolo contendere to Count II (possession of cocaine), reserving his right to appeal
The judgment of conviction of possession of cocaine must stand or fall upon the admissibility of the evidence seized as a result of the residential search. Appellant argues that no probable cause existed for the arrest of appellant Winters. “Exigent circumstances” is the label to be applied in determining probable cause to sanitise a warrantless search. Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970). The following summarizes the facts: 1) Winters was observed removing the intercepted letter containing cocaine from the J. W. Williams mailbox; 2) the officers saw Winters walk up the dirt road into the vicinity of the frame dwelling; and 3) Winters’ cohort was heard yelling, “It’s a raid. It’s a raid.”, while blowing his automobile’s horn. In our judgment, the record amply supports the conclusion that the officers observed Winters commit the crime of illegally possessing cocaine and that the ensuing search was legally justified. There was strong reason to believe that Winters and the other occupants of the dwelling were about to destroy the cocaine which the officers had every reason to believe was in Winters’ possession. United States v. Doyle, 456 F.2d 1246 (5th Cir. 1972); and Mahoney v. State, 300 So.2d 743 (1 Fla.App. 1974).
Appellant insists that Melton v. State, 75 So.2d 291 (Fla. 1954), controls. We do not agree. In Melton, the arresting officer went to the residence solely for the purpose of serving a search warrant. Here, the arresting officers embarked upon a two-fold mission; that is, to serve the search warrant and to arrest Winters, who shortly before had been observed committing a crime in the officers’ presence.
The judgment of conviction is AFFIRMED.
. A customs official directed the Crawfordville Postmaster to keep a log on all mail addressed to J. W. Williams and not to deliver any letters from a foreign address to the Williams mailbox except after first notifying customs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.