June 6, 2006
State of Florida v. Gregg Campbell
Case Number(s):
SC05-1844

Transcript:

Summary:

The Fourth District Court of Appeal ruled that the permission Mr. Campbell gave sheriff's deputies to search his car was tainted because police had possession of his driver's license at the time. Mr. Campbell was charged with carrying a concealed weapon but before his trial he argued the stop and search were illegal because police lacked sufficient evidence and he did not voluntarily consent to being either detained or searched. The trial judge agreed with him. The 4th DCA upheld that ruling but also asked the Supreme Court to rule whether the consent a driver may give police to search a car is truly voluntary if police have possession of the driver's license at the time. The state argues that the entire encounter was consensual and voluntary and that the fact that the detective briefly had possession of the license to run a warrants check should not be the sole factor considered. Mr. Campbell argues the lower courts were right when they found that a person seated in the driver's seat of a car is effectively detained and not free to leave when the police have his driver's license.