Leslie v. State
Docket: No. 94-02589
Court: District Court of Appeal of Florida; June 14, 1996; Florida; State Appellate Court
Linda Leslie's appeal concerns a trial court's decision to withhold adjudication and place her on probation for marijuana possession. She argues that her consent to search was coerced, leading to an improper denial of her motion to suppress evidence. During the suppression hearing, it was revealed that a K-9 unit alerted authorities to a package sent to Leslie containing $13,000. Federal postal authorities opened the package and, suspecting drug-related activity, the Hardee County Sheriff's Department inserted a tracking device into a subsequent package containing $3,000. On November 1, 1994, officers staked out Leslie’s property, planning to enter her home upon the tracking device's activation. When the package was delivered, officers approached Leslie's trailer heavily armed, which frightened her. Despite her migraine and refusal to consent to a search, officers ordered her family out of the trailer, including her brother-in-law, who had significant mental health issues. Leslie felt threatened by the officers' presence and their statement that her family would have to remain outside in the mosquitoes while they obtained a warrant. Feeling pressured, she consented to the search, during which marijuana and paraphernalia were discovered. Leslie was charged with possession of cannabis and pleaded nolo contendere, reserving her right to appeal the suppression denial. The court found that law enforcement's authority to remain on the property ended when Leslie denied them access, and they had no probable cause for a search warrant, as currency alone is not contraband. The officers' conduct was deemed coercive, rendering Leslie's consent non-voluntary. Consequently, the appellate court reversed the trial court's decision and remanded the case.