Hanley v. State

District Court of Appeal of Florida

Hanley v. State

547 So. 2d 1037, 14 Fla. L. Weekly 1960, 1989 Fla. App. LEXIS 4750, 1989 WL 97700

CourtDistrict Court of Appeal of Florida

DecidedAugust 22, 1989

DocketNo. 88-687

StatusPublished

This text of 547 So. 2d 1037 (Hanley v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hanley v. State, 547 So. 2d 1037, 14 Fla. L. Weekly 1960, 1989 Fla. App. LEXIS 4750, 1989 WL 97700 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

Finding that the warrantless search of the motor vehicle which the appellant was [1038]*1038operating was justified as a search incident to appellant’s lawful arrest for driving with a suspended license, we do not reach the question of whether appellant voluntarily gave the arresting officer consent to search the vehicle. Since the legality of the warrantless search is the only issue presented in this appeal, it follows that appellant’s convictions for driving while license suspended, possession of cocaine and possession of LSD should be and are hereby affirmed. See State v. Eady, 538 So.2d 96 (Fla. 3d DCA 1989); Fields v. State, 369 So.2d 603 (Fla. 1st DCA 1978); State v. Gustafson, 258 So.2d 1 (Fla.1972); Pafford v. State, 281 So.2d 51 (Fla. 1st DCA 1973).

SMITH and MINER, JJ., and PEARSON, TILLMAN (Ret’d), Associate Judge, concur.

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PER CURIAM.

Finding that the warrantless search of the motor vehicle which the appellant was [1038]*1038operating was justified as a search incident to appellant’s lawful arrest for driving with a suspended license, we do not reach the question of whether appellant voluntarily gave the arresting officer consent to search the vehicle. Since the legality of the warrantless search is the only issue presented in this appeal, it follows that appellant’s convictions for driving while license suspended, possession of cocaine and possession of LSD should be and are hereby affirmed. See State v. Eady, 538 So.2d 96 (Fla. 3d DCA 1989); Fields v. State, 369 So.2d 603 (Fla. 1st DCA 1978); State v. Gustafson, 258 So.2d 1 (Fla.1972); Pafford v. State, 281 So.2d 51 (Fla. 1st DCA 1973).

SMITH and MINER, JJ., and PEARSON, TILLMAN (Ret’d), Associate Judge, concur.

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547 So. 2d 1037, 14 Fla. L. Weekly 1960, 1989 Fla. App. LEXIS 4750, 1989 WL 97700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanley-v-state-fladistctapp-1989.

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