Murphy v. State; November 20, 2009; 2nd DCA
Murphy was charged with Trafficking in Cocaine and Possession of Drug Paraphernalia. The facts state that the Officer responded to a domestic violence incident at an apartment complex. A bystander told the officer “the guy that you are looking for, he’s right over there”, pointing in the direction between two buildings. Officer made eye contact with Murphy and Murphy proceeded to run away from the Officer. Officer gave chase to Murphy and eventually tasered Murphy. Murphy fell about ten (10) feet away from the vehicle. There was an allegation that a firearm was involved in the domestic violence incident. No firearm was found on Murphy during the takedown. Officers were then told that Murphy left the scene in a purple Stratus and Murphy eventually returned in the same vehicle. Officer then conducted a search of the vehicle without consent or a warrant and found the cocaine. After the search the officer then proceeded to speak with the bystander who told him that he was unsure that Murphy had been armed.
The search was found to be illegal based upon the fact that the law provides that a search incident to lawful arrest must be confined “the area within reaching distance of the passenger compartment at the time of the arrest and only when the arrestee is unsecured”. Also, a search incident to lawful arrest will be justified “when it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle”.
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