5D05-1565 Hugo Marganetv. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-1565

Case Date: 03/27/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006

HUGO MARGANET, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 31, 2006 Appeal from the Circuit Court for Orange County, Thomas B. Smith, Judge. James S. Purdy, Public Defender, and Marvin F. Clegg, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D05-1565 CORRECTED

GRIFFIN, J. Hugo A. Marganet ["Marganet"] appeals the denial of his motion to suppress. We reverse. Marganet and his girlfriend, Wilma Luz Pinero ["Pinero"], became a target in a drug investigation after a tip from a confidential informant. The tip ultimately led to the traffic stop of a vehicle driven by Marganet, in which Pinero was a passenger. Pinero was separated from Marganet and offered to cooperate. She ultimately led police to

some cocaine and heroin that was found inside a shaving kit in Marganet's suitcase located in a hotel room they occupied. Marganet was charged with possession of

heroin with intent to sell or deliver and possession of cocaine. He filed a motion to suppress, alleging no valid consent had been given for the search of his suitcase and shaving kit. At the suppression hearing, Agent Chiota 1 testified that while engaged in a drug investigation, agents conducted a traffic stop of a Nissan Xterra driven by Marganet. Pinero was a passenger in the vehicle. Agent Davison took charge of Pinero, who was willing to cooperate by giving consent for police to enter the hotel room where she and Marganet were staying. She produced a key she had in her purse, opened the room and invited officers inside to look for drugs. She began showing officers areas in which she knew there was drug paraphernalia and where some drugs were the last time she saw them. There were various items around the room. She told the agents: this is my clothing, and my suitcases, and this is his stuff, and he keeps it and had it

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