Florida v. Rodriguez

The arrest occurred on September 12, 1978 in the Miami international Airport.[1] The two police officers involved in the arrest were Officer Charles McGee and Detective Facchiano.[1] The two officers were working undercover, specialized in narcotics and were experienced in narcotic surveillance.[2] The incident started when the two detectives spotted Rodriguez with two companions acting suspiciously.[3] His two companions were later identified as Blanco and Ramirez from their plane tickets.[1] According to the officers, they first spotted Rodriguez and his two associates at the ticket counter at the airport. After seeing the three whisper to each other, the officers decided to follow them and investigate their suspicious activity. The three cohorts noticed the officers following them on their way up an escalator and were seen exchanging nervous glances and finally saying “Let’s get out of here”.[1] Officer McGee who became the primary witness on this case stated that he saw Rodriguez's legs start “pumping up and down very fast... as if the person were running in place”.[1] Taking this action as an attempt to flee, the two detectives confronted the three suspects. The two undercover narcotics agents then announced to the three that they were police. Upon asking Rodriguez if he had any identification he stated that he did not, however Blanco eventually provided three airplane tickets showing their names.[1] To further add to suspicion of the officers, when Officer McGee asked which one of them was Rodriguez both Rodriguez and Blanco stated they were him. Based on these suspicious actions, Officer McGee asked if he could search the suit bag. Rodriguez was reluctant at first stating that he did not have the key; however, his partner Ramirez told Rodriguez he should let them search the bag. Rodriguez then gave the bag to the officers who upon opening it discovered three bags of cocaine.[2] Rodriguez, Blanco and Ramirez were then detained for possession of cocaine and intention to distribute.[1]

Unlike his other two companions, Rodriguez decided to fight his case and claimed that his Fourth Amendment rights had been violated. Upon hearing Officer McGee's testimony, the Florida trial court sided with Rodriguez and suppressed the evidence found on him in May 1979.[2] The court reasoned that the officers did not have sufficient reason to stop Rodriguez and had not informed Rodriguez that he had the right to leave and refuse the search and seizure of his luggage.[1] The case was then brought to the Florida Court of Appeal which in November 15, 1983 affirmed the previous decision.[1] The Florida Attorney General then petitioned a writ of certiorari and appealed the case to the Supreme Court.[2]

The dissenters believed that the Supreme Court should not be responsible for correcting errors of judges of state tribunals, especially ones involving drug smuggling.[2] In addition, they believed that the original trial court ruling in 1979 was acceptable at the time since two of the cited cases used to justify the majority opinion had not yet been decided. However, they agreed with the majority that the Florida Court of Appeal should have ruled in favor of the prosecution since the verdict was reached in 1983 after all of the cited cases occurred.