Gay v. State
Gay v. State
Opinion of the Court
Melva Gay challenges her judgment and sentence for possession of five methylphe-nidate pills (brand name Ritalin), a con
Facts
Gay’s motion to suppress was based, in pertinent part, on the grounds that the pills and pill box were illegally seized without a warrant and were obtained as the result of an illegal investigatory detention. At the hearings on the motion,
The officer testified that he immediately noticed a “faint odor” of cannabis upon beginning his search of the passenger compartment of the vehicle. He continued his search of the passenger compartment, including searching Gay’s purse.
Analysis
Review of the denial of a motion to suppress presents a mixed question of law and fact. Crawford v. State, 980 So.2d
Although initially a stop due to the traffic violation, once the officer determined not to cite the driver and asked the driver for consent to search the vehicle, the encounter became consensual. See Smith v. State, 95 So.3d 966, 969 (Fla. 1st DCA 2012). At this juncture, the encounter was consensual as to Gay as well.
However, once the officer searched Gay’s purse and pill box, removed the pill box from the vehicle, and took the box to his patrol car, the encounter again became an investigatory detention. An investigatory detention requires reasonable suspicion that an individual has committed or is about to commit a crime; the officer must have “ ‘a well-founded, articulable suspicion of criminal activity.’ ” Smith, 95 So.3d at 968 (quoting § 901.151(2), Fla. Stat. (2010)). “An officer’s mere suspicion or hunch is not enough to permit this type of detention.” Id. (citing Popple v. State, 626 So.2d 185, 185 (Fla. 1993)). Here, like in Smith, “[t]he deputy’s actions constituted a show of authority that would lead a reasonable person to conclude he or she was not free to end the encounter and leave.” See id. at 969. It was only upon his return to Gay with the knowledge that at least some of the pills in the box were controlled substances that the officer inquired of Gay as to whether she knew what the pills were and whether she had a prescription for them. Cf. Keller v. State, 946 So.2d 1233, 1234 (Fla. 4th DCA 2007) (affirming a trafficking conviction and concluding that the officer had probable cause to believe, at the time the pills were seized, that the pills were hydrocodone and that they did not belong to the defendant based upon the facts that the prescription pill bottle was visible from the officer’s position outside of the vehicle, that the label on the bottle provided a name different than the name on the defendant’s driver’s license, and the officer asked the defendant what was in the bottle before removing the bottle from the vehicle).
“ ‘Probable cause must exist before an object can be seized; after-the-fact discovery of contraband does not render the seizure legal ....’” Crawford, 980 So.2d at 525 (quoting E.B. v. State, 866 So.2d 200, 204 (Fla. 2d DCA 2004)). And, under the “plain view” doctrine — argued by the State at both the suppression hearing and on appeal — it must be “immediately apparent to the officer that the [seized] object constitutes evidence of a crime.” M.L. v. State, 47 So.3d 911, 912 (Fla. 3d DCA 2010). “ ‘[I]mmediately apparent’ means that ‘at the time police view the object to be seized, they must have probable cause to believe that the object is contraband or evidence of a crime.’ ” Id. at 913 (alteration in original) (quoting Jones v. State, 648 So.2d 669, 678 (Fla. 1994)). “‘Probable cause does not exist when the circumstances are equally consistent with noncriminal activity as with criminal activity.’ ” Crawford, 980 So.2d at 525 (quoting E.B., 866 So.2d at 204).
Here, neither the illegal nature of the possession of the pills nor the type of pills was known to the officer at the time he removed them from the vehicle. Nothing about the pills or pill box gave him a reasonable suspicion that Gay had committed, was committing, or was about to commit a crime. Nor did he know that any of the pills were controlled substances at the time he seized them. Pursuant to his own testimony at the suppression hearing, the
The facts of our case are even less concerning than those found inadequate in Smith. See id. at 969 (“Appellant appeared passed out on the ground; when aroused he appeared intoxicated with slurred speech; and he tried to obscure the bag of pills.... The circumstances may have justified a reasonable belief that Appellant was under the influence of whatever was in the pills, which in and of itself [given the facts presented] is not criminal activity.”). The officer testified to a “faint odor” of marijuana but found no marijuana in either the purse or pill box. And the mere observation of pills in an aftermarket container is equally consistent with noncriminal activity as with criminal activity. See Crawford, 980 So.2d at 525. Thus, “ ‘[tjhere must be at least an additional objective and reasonably specific element justifying the state agent’s inference of wrongdoing.’ ” M.L., 47 So.3d at 913 (quoting Caplan v. State, 531 So.2d 88, 92 (Fla. 1988)). “‘Under a probable cause standard ... the officer at the scene must be able to explain to an objective magistrate or judge just how it is possible to distinguish’ ” the unlawfully possessed prescription pills from lawfully possessed prescription pills or from nonprescription pills. See id. (quoting Caplan, 531 So.2d at 92).
The investigatory detention and seizure of the pills and pill box was unauthorized; the officer lacked reasonable suspicion of criminal activity and probable cause to seize the evidence. Gay’s motion to suppress should have been granted. We reverse Gay’s conviction and sentence and remand to the trial court to grant the motion and discharge Gay.
Reversed and remanded.
. Two hearings were held on the motion for reasons not relevant to the resolution of this appeal.
. In its order denying the motion to suppress, the trial court determined that the "faint odor” of marijuana provided the officer with probable cause to search Gay's purse, citing Wyoming v. Houghton, 526 U.S. 295, 301-02, 119 S.Ct. 1297, 143 L.Ed.2d 408 (1999), for its holding that where probable cause to search the passenger compartment of a car exists, the ambit of the search includes a passenger's personal belongings remaining in the vehicle. Gay raised the issue on appeal, and under the facts of this case and a review of the totality of the circumstances, we question whether the officer did indeed have probable cause to search Gay’s purse. However, we make no determination on that issue and our holding is based solely on the invalid detention of Gay and illegal seizure of evidence.
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.