A.L.T. v. STATE
63 So.3d 855 (2011)
A.L.T., a Child, Appellant,
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fourth District.
June 8, 2011.
Appellant, A.L.T., was charged by way of a juvenile petition with two counts: (1) burglary of a residence; and (2) grand theft. The defense filed a motion to suppress the victim's driver's license and A.L.T.'s confession, contending that the search exceeded A.L.T.'s scope of consent. The trial court denied the motion, finding the issue dispositive, and A.L.T. appealed. We agree that the search exceeded A.L.T.'s scope of consent and reverse.
On May 30, 2009, Officer Travis Mandell of the Fort Lauderdale Police Department observed A.L.T. sitting on a bicycle. A Fort Lauderdale city ordinance requires that residents register their bicycles, and there is typically a red and white marking beneath the bicycle's seat indicating registration. As Officer Mandell did not see the marking on the bicycle, he approached A.L.T. for questioning.
Officer Mandell asked A.L.T. specifically if he could "search him for weapons or drugs." A.L.T. responded: "[T]hat's fine, I don't mind." Officer Mandell proceeded to search A.L.T. and removed a wallet from A.L.T.'s rear pocket, taking it to the other side of his police cruiser to search through. Explaining his rationale for removing the wallet, Officer Mandell stated
that "narcotics can commonly be found within the billfold, underneath, and in front of the wallet." Upon opening it, Officer Mandell found a Florida identification card belonging to an elderly female, a condom, and a picture of a young woman.
Officer Mandell then asked A.L.T. why he was carrying the identification card. A.L.T. claimed he found the wallet and was planning on returning it, but was afraid of being "hassled" by the owner because he had spent forty dollars within it. Officer Mandell had another officer perform a records check on the address shown on the identification card and learned a burglary had occurred at the residence six days prior. After approximately thirty minutes, Officer Mandell allowed A.L.T. to leave.
Officer Mandell then turned the investigation over to Detective Sean Reddish who issued a probable cause affidavit and a BOLO for A.L.T.'s arrest. Officer Mandell located A.L.T., placed him under arrest, and transported him to the station where he was interviewed by Detective Reddish. Before the interview began, Detective Reddish read A.L.T. his Miranda1 rights. A.L.T. waived his rights and agreed to speak to Detective Reddish without an attorney present. During the interview, A.L.T. confessed to the burglary.
A.L.T. was charged with burglary of a residence and grand theft and moved to suppress the victim's driver's license and his confession. The trial court denied the motion. Thereafter, A.L.T. pled no contest to the burglary charge, reserving the right to appeal the denial of his motion to suppress.