Filed: Mar. 27, 2017
Latest Update: Mar. 03, 2020
Summary: IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED STATE OF FLORIDA, Appellant, v. Case No. 5D16-1717 SCOTT BRANDON HAYWARD, Appellee. _/ Opinion filed March 31, 2017 Appeal from the Circuit Court for Orange County, Alicia Latimore, Judge. Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Publi
Summary: IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED STATE OF FLORIDA, Appellant, v. Case No. 5D16-1717 SCOTT BRANDON HAYWARD, Appellee. _/ Opinion filed March 31, 2017 Appeal from the Circuit Court for Orange County, Alicia Latimore, Judge. Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public..
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
STATE OF FLORIDA,
Appellant,
v. Case No. 5D16-1717
SCOTT BRANDON HAYWARD,
Appellee.
________________________________/
Opinion filed March 31, 2017
Appeal from the Circuit Court
for Orange County,
Alicia Latimore, Judge.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Pamela J. Koller,
Assistant Attorney General, Daytona
Beach, for Appellant.
James S. Purdy, Public Defender, and
Robert E. Wildridge, Assistant Public
Defender, Daytona Beach, for Appellee.
EVANDER, J.
The State appeals an order suppressing evidence secured pursuant to a search
warrant. Because there was probable cause to support the search warrant, we reverse.
The search warrant affidavit was executed by Detective Kuzma on October 7,
2015. Kuzma averred that there was probable cause to believe that cocaine and
methamphetamine were being kept at the residence of Appellant, Brandon Hayward, and
his girlfriend. After detailing his experience and training, Detective Kuzma attested that
earlier that day, he and other officers had used a confidential source to conduct a
controlled purchase of four ounces of cocaine from Hayward for $4800. The confidential
source requested that Hayward deliver the cocaine to him at a certain IHOP parking lot.
Hayward told the confidential source that the delivery would be made in fifteen to twenty
minutes.
At the time Hayward received the call from the confidential source, he was under
surveillance by Detective Kuzma and another officer. Detective Kuzma observed
Hayward drive from a shopping plaza to his residence. Hayward then exited his car and
entered his residence. Approximately fifteen minutes later, Hayward and his girlfriend left
their residence and drove to the designated IHOP parking lot. After parking the car,
Hayward exited the vehicle while his girlfriend remained in the passenger seat. When
uniformed police officers approached Hayward, he unsuccessfully attempted to flee.
During the short-lived chase, Hayward threw a clear plastic bag containing suspected
cocaine. Kuzma tested the suspected cocaine recovered from the discarded plastic bag
using a field presumptive test kit. The field presumptive test indicated a positive reaction
to the presence of cocaine. The bag of cocaine weighed 113 grams, or roughly four
ounces.
A search of Hayward’s vehicle was conducted and resulted in the discovery of
another bag of powder cocaine, a bag of methamphetamine, an electronic scale, and a
bag of small blue plastic baggies, all located in the center console of the vehicle. The
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abduction and sexual battery using a police badge, handcuffs, and a gun.
Id. at 804.
Even though there was no direct evidence to link his residence to the crime, we concluded
that, because it may be inferred that these items would be stored in the defendant’s
residence, there existed probable cause for the search.
Id. at 805-06. Similarly, in this
case, the magistrate could reasonably infer from the circumstances that Hayward was
likely secreting the instrumentalities and proceeds of his illicit drug dealing at his home.
Even if we were to hold that Detective Kuzma’s affidavit failed to establish probable
cause to search Hayward’s apartment, we would conclude that application of the good
faith exception would require reversal of the trial court’s order. The good faith exception
to the exclusionary rule precludes the suppression of evidence secured pursuant to an
invalid warrant where the officer who conducts the search does so in objectively
reasonable reliance on the validity of the warrant. State v. McGill,
125 So. 3d 343, 351
(Fla. 5th DCA 2013) (citing United States v. Leon,
468 U.S. 897 (1984)).
In the instant case, Hayward argues that the good faith exception should not apply
because Detective Kuzma’s affidavit was “so lacking in indicia of probable cause as to
render official belief in its existence entirely unreasonable.” We reject this argument.
Detective Kuzma’s affidavit set forth numerous facts that would, at a minimum, establish
sufficient indicia of probable cause to justify an officer’s reasonable belief in the existence
of probable cause.
REVERSED and REMANDED.
TORPY and LAMBERT, JJ., concur.
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indicia of probable cause to search Hayward’s residence.” The State timely appealed the
order.
We conclude that Detective Kuzma’s affidavit was sufficient to establish probable
cause for the search warrant. Here, Hayward told the confidential source that he would
deliver drugs to him in fifteen to twenty minutes. He then drove to his apartment,
remained there for fifteen minutes, and then drove directly to the meeting place. He was
apprehended with a large quantity of cocaine. Other drugs and paraphernalia were
located in his vehicle. The police searched Hayward’s apartment later that day. Under
these facts, the circumstantial proof of a nexus was sufficient. The police had Hayward
under surveillance from the time he spoke to the confidential source until the point of
delivery. Hayward told the confidential source that he would meet him in fifteen to twenty
minutes. During that brief interval, he drove to his apartment, where he remained for a
short period before meeting the confidential source. Although there may be other reasons
why Hayward stopped at his apartment before meeting the confidential source, a logical
inference is that he went there to get the drugs.
Apart from the surveillance, other inferences from the nature of the crime also
support the finding of probable cause to search the apartment. Hayward agreed to deliver
four ounces of cocaine, a substantial quantity of drugs. It is reasonable to infer from a
transaction such as this that Hayward maintained a supply of drugs for delivery,
instruments with which to package the drugs, and a large quantity of cash proceeds from
drug sales at his residence. In State v. Weil,
877 So. 2d 803 (Fla. 5th DCA 2004), we
addressed the nexus between a crime and a suspect’s residence to support a probable
cause determination to search the residence. There, the defendant committed an
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abduction and sexual battery using a police badge, handcuffs, and a gun.
Id. at 804.
Even though there was no direct evidence to link his residence to the crime, we concluded
that, because it may be inferred that these items would be stored in the defendant’s
residence, there existed probable cause for the search.
Id. at 805-06. Similarly, in this
case, the magistrate could reasonably infer from the circumstances that Hayward was
likely secreting the instrumentalities and proceeds of his illicit drug dealing at his home.
Even if we were to hold that Detective Kuzma’s affidavit failed to establish probable
cause to search Hayward’s apartment, we would conclude that application of the good
faith exception would require reversal of the trial court’s order. The good faith exception
to the exclusionary rule precludes the suppression of evidence secured pursuant to an
invalid warrant where the officer who conducts the search does so in objectively
reasonable reliance on the validity of the warrant. State v. McGill,
125 So. 3d 343, 351
(Fla. 5th DCA 2013) (citing United States v. Leon,
468 U.S. 897 (1984)).
In the instant case, Hayward argues that the good faith exception should not apply
because Detective Kuzma’s affidavit was “so lacking in indicia of probable cause as to
render official belief in its existence entirely unreasonable.” We reject this argument.
Detective Kuzma’s affidavit set forth numerous facts that would, at a minimum, establish
sufficient indicia of probable cause to justify an officer’s reasonable belief in the existence
of probable cause.
REVERSED and REMANDED.
TORPY and LAMBERT, JJ., concur.
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