final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Okaloosa County. John T.
Thomas, Public Defender, A. Victoria Wiggins, Assistant
Public Defender, Tallahassee, for Appellant.
Jo Bondi, Attorney General, Julian E Markham, Assistant
Attorney General, Tallahassee, for Appellee.
challenges the trial court's denial of his motion to
suppress. Because we hold that the bedroom in which officers
observed narcotics was "immediately adjoining" the
place of Appellant's arrest, we affirm the trial
Rodney Owens of the Walton County Sheriff's Office
testified that a "breach team" of five Walton
County Sheriff's deputies and one Santa Rosa County
Sheriff's deputy approached Appellant's residence to
execute an arrest warrant. A narcotics unit that was
surveilling the residence had observed Appellant arrive and
enter the residence.
knocked and announced at the residence for approximately
forty-five seconds. A member of the narcotics unit observing
the rear perimeter of Appellant's apartment saw Appellant
look out a bathroom window that faced the rear of the
building, and this information was relayed to the entry team.
The deputies breached the door to Appellant's apartment,
but remained outside the residence, calling Appellant's
name and stating they had a warrant for his arrest. Appellant
remained in the apartment, and the deputies then entered the
Panchaud of the Santa Rosa County Sheriff's Office
testified that he and the other deputies entered the
residence in a "stack" formation. The deputy
"cleared" the kitchen area and then checked a
bedroom for other occupants, while other deputies made
contact with and detained Appellant at the bathroom. Deputy
Panchaud saw what appeared to be narcotics in plain view on a
table in the bedroom.
Goddin of the Walton County Sheriff's Office testified
that Appellant eventually came out of the bathroom, and
officers restrained Appellant in the doorway area of the
bathroom while officers continued clearing the residence.
Deputy Goddin testified that the bedroom where the narcotics
were observed was adjacent to and approximately "four to
six feet" from the bathroom where Appellant was seized.
Investigator Dennis Fields estimated that the bedroom was ten
feet from the place of arrest.
Fields testified that Deputy Panchaud told him there was
suspected methamphetamine and suspected marijuana in the back
bedroom next to the bathroom. Investigator Owens testified
that the surveillance team informed him that no one other
than Appellant had entered Appellant's apartment in the
hour and fifteen minutes that they observed the apartment.
Deputy Goddin testified that he had "no way of
knowing" whether there was anyone besides Appellant
inside the residence.
trial court denied Appellant's motion to suppress,
finding that the proximity of the bathroom where Appellant
was arrested was close enough to the bedroom where the
narcotics were observed to justify seizure of the contraband.
Following the jury trial, Appellant was found guilty of
trafficking illegal drugs, possession of a controlled
substance, possession of drug ...