07-4251 STATE OF FLORIDA v. DAVE R. FORD

State: Florida

Court: Florida First District Court

Docket No: 07-4251

Case Date: 10/02/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA STATE OF FLORIDA, Appellant, v. CASE NO. 1D07-4251 DAVE R. FORD, Appellee. _________________________________/ NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Opinion filed October 2, 2008. An appeal from the Circuit Court for Columbia County. Julian E. Collins, Judge.

Bill McCollum, Attorney General, and Philip W. Edwards, Assistant Attorney General, Tallahassee, for Appellant. Yveline F. Paul, Homestead, for Appellee.

PER CURIAM. The State appeals an order suppressing evidence of marijuana that a deputy sheriff found in the tractor of appellee Dave Ford's semi-truck. The record

demonstrates the deputy sheriff searched the tractor pursuant to a consensual encounter that followed a lawful traffic stop. "[I]f a valid traffic stop has had its

lawful function completed and turns into a citizen encounter, there is no reason a law enforcement officer cannot ask for consent to search." State v. Cromatie, 668 So. 2d 1075, 1077 (Fla. 2d DCA 1996). Furthermore, nothing of record supports the trial court's summary conclusion that Ford did not voluntarily consent to the search. Contrary to the trial court's conclusion, no controlling parallels exist between this case and State v. Diaz, in which a police officer unlawfully detained a motorist, after determining the motorist had not violated any traffic laws, and obtained incriminating information during the unlawful detention. 850 So. 2d 435 (Fla. 2003). Here, the record shows Ford's undoubtedly lawful detention had ended and a consensual encounter had begun before the deputy sheriff sought consent to search. REVERSED and REMANDED for further proceedings. KAHN, LEWIS and POLSTON, JJ., CONCUR.

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