final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Martin
Zilber, Judge. Lower Tribunal No. 15-19792
J. Silvers, P.A., and Marcia J. Silvers, for appellant.
Moody, Attorney General, and Michael W. Mervine, Assistant
Attorney General, for appellee.
EMAS, C.J., and SCALES and HENDON, JJ.
Edwards, a former Miami-Dade County police officer, appeals
her conviction and sentence for two counts of official
misconduct. Her primary contention on appeal is that the
trial court erred in denying her motion to suppress evidence
obtained from a personal flash drive plugged into her work
computer. Following our review of the record, and the issues
raised on appeal, we affirm.
AND PROCEDURAL BACKGROUND
2013, Edwards was arrested and charged with two counts of
official misconduct after an investigation revealed she had
falsified police records in an apparent attempt to get her
husband, Clyde Edwards (Clyde), fired from his job at a
sports apparel and footwear store. Clyde's boss, Jose
Raij, contacted police after he received a phone call from
someone identifying herself as Miami-Dade police detective
Diann Mich. The caller told Raij that Clyde should be fired
because he was being investigated by police, and that there
were police reports regarding the investigation. Raij asked
to see a copy of the police reports and, at 4:09 p.m. on July
8, 2013, Raij received the following email:
Mr. Raij, attached are two reports I am able to release to
you at this time. As we discussed, please do not discuss the
open case with the suspect. I will forward you the complete
file in a couple of days. Thank you, Diann
Two police reports were attached to the email, indicating
that Clyde was being investigated for selling counterfeit
sports shoes. However, further investigation by Raij and
Miami-Dade Police revealed that the two police reports had
been falsified, and were emailed to Raij from a copy machine
located on the second floor of the Miami-Dade County Police
Department Intracoastal District Station, where Edwards
worked. The evidence against Edwards included the testimony
of three fellow police officers, who testified that they saw
Edwards near that copy machine on the second floor of the
police department on July 8 around 4 p.m., and the contents
of a USB flash drive (the "flash drive") that was
seized from Edwards' work computer prior to her
defense was that she could not have created and sent the
falsified police reports because she was not at the police
department at the time the reports were emailed to Raij,
having left work early that day not feeling well. She claimed
that she had an office visit with her therapist from 2 to 3
p.m., and thereafter, had lunch and picked up her daughter
from daycare at 4:20 p.m.
to trial, Edwards moved to suppress the evidence obtained
from the flash drive attached to her work computer at the
time it was seized, asserting that the flash drive was her
personal property, and was thus illegally seized at the time
her work computer was legally seized. After an evidentiary
hearing, the court denied Edwards' motion to suppress the
evidence obtained from the flash drive, determining she had
no reasonable expectation of privacy in the flash drive and
trial, a jury convicted Edwards of both counts of official
misconduct, and she was thereafter sentenced to probation.
reviewing a trial court's ruling on a motion to suppress,
the appellate court "affords a presumption of
correctness to a trial court's findings of fact but
reviews de novo the mixed questions of law and fact that
arise in the application of the historical facts to the
protections of the Fourth Amendment." Wyche v.
State, 987 So.2d 23, 25 (Fla. 2008). Generally, a
person's Fourth Amendment rights are implicated only if
the search or seizure infringes on "an expectation of
privacy that society is prepared to consider
reasonable." O'Connor v. Ortega, 480 U.S.
709, 715 (1987) (quoting U.S. v. Jacobsen, 466 U.S.
109, 104 (1984)). Importantly, "[g]iven the great
variety of work ...