Benjamin Mendoza v. State of Florida

District Court of Appeal of Florida

Benjamin Mendoza v. State of Florida

174 So. 3d 574, 2015 Fla. App. LEXIS 13079, 2015 WL 5139417

District Court of Appeal of Florida·Decided September 2, 2015·No. 4D14-1227·Published

Opinion

PER CURIAM.

We affirm the convictions entered in this case. The arresting officer had probable cause to stop appellant pursuant to section 316.0875, Florida Statutes (2013). See Lomax v. State, 148 So.3d 119, 121 (Fla. 1st DCA 2014). The later search of the defendant falls under the inevitable discovery doctrine. Having made a valid stop, the officer would have asked appellant for his driver’s license, which would have led to the discovery that it was revoked and to his arrest and the subsequent search. See Hatcher v. State, 834 So.2d 314, 317-18 (Fla. 5th DCA 2003); Cummings v. State, 956 So.2d 559, 560-61 (Fla. 5th DCA 2007).

GROSS, DAMOORGIAN and GERBER, JJ., concur.

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PER CURIAM.

We affirm the convictions entered in this case. The arresting officer had probable cause to stop appellant pursuant to section 316.0875, Florida Statutes (2013). See Lomax v. State, 148 So.3d 119, 121 (Fla. 1st DCA 2014). The later search of the defendant falls under the inevitable discovery doctrine. Having made a valid stop, the officer would have asked appellant for his driver’s license, which would have led to the discovery that it was revoked and to his arrest and the subsequent search. See Hatcher v. State, 834 So.2d 314, 317-18 (Fla. 5th DCA 2003); Cummings v. State, 956 So.2d 559, 560-61 (Fla. 5th DCA 2007).

GROSS, DAMOORGIAN and GERBER, JJ., concur.

Benjamin Mendoza v. State of Florida, 174 So. 3d 574, 2015 Fla. App. LEXIS 13079, 2015 WL 5139417 (Fla. Ct. App. 2015).

Pincite

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Opinion

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