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Jones v. State11/28/2001
Earnest Jones was driving his truck when he was stopped by City of West Palm Beach traffic officers during a "vehicle safety inspection." During the stop, a participating narcotics officer noticed marijuana seeds in the rear of the truck. Jones was convicted of possession of cocaine and marijuana. On appeal, he challenges the trial court's denial of his motion to suppress the contraband. Since the written guidelines for the roadblock were inadequate, we reverse.
On January 11, 2000, the City of West Palm Beach Police Department was conducting a road block for vehicle safety inspections when Jones was stopped by Officer Ferrera. Jones was unable to produce an automobile insurance card or a state registration form for his vehicle. Ferrera then directed Jones to a nearby area where another traffic officer issued Jones citations for no proof of insurance and no proof of registration. While those citations were being written, Agent Kapper, a member of the narcotics unit, approached Jones' vehicle and presented what Kapper described as his "spiel":
I introduce myself as Officer Kapper, West Palm Beach. Do you believe in the war on drugs? Wait for an answer on that. Do you do drugs? Wait for an answer on that. At that time I ask them if there are any drugs in the vehicle, he said no to that. At that time I ask if he would mind if we look into his vehicle. He stated, "do I have to?" I said no you don't, this is voluntarily. At that time he said no he didn't want us looking in the vehicle.
While Agent Kapper was speaking to Jones, Emmons, another narcotics agent, looked in the vehicle and noticed, in plain view, numerous marijuana seeds laying on the carpet floor in the extended cab area of the vehicle. Consequently, Emmons conducted a search of the vehicle and discovered the marijuana and cocaine. When Jones was arrested, additional drugs were found on his person.
Jones made a motion to suppress the evidence seized, contending that the operational guidelines issued by the West Palm Beach Police Department for the January 11 roadblock were inadequate. At the hearing on the motion to suppress, Officer Ferrera testified that prior to the road block beginning, all of the participating officers were called into a room and briefed about the procedures. The roadblock was to be used primarily for the purpose of conducting vehicle safety inspections.
Ferrera was the contact officer, so he was the one that initially stopped each vehicle. Every vehicle going through the inspection area was to be stopped. Ferrera would look for any type of equipment violation, such as a cracked windshield, or whether the driver had a driver's license or the automobile's registration papers. If a violation was detected at this initial stop, Ferrera was to direct the driver to an area where one of the stationed traffic officers would write a citation.
Agent Kapper testified that he also participated in the pre-inspection briefing, where he was advised of what his role and duties would be at the stop. Kapper's role was to look for any possible narcotics violations in any vehicle. Agent Kapper and other narcotics officers present at the roadblock were to approach vehicles previously diverted to the detention area due to a safety violation. Kapper testified that he had a "certain spiel" when he approached the driver, similar to the one used in questioning Jones. There were, however, no written guidelines telling him how to question the drivers or how to approach the vehicles. Because of the limited number of officers available, not all drivers stopped for a safety violation were questioned about narcotics. Agent Emmons also testified that he participated in the safety inspection
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