Hanson v. State

District Court of Appeal of Florida

Hanson v. State

445 So. 2d 378, 1984 Fla. App. LEXIS 11592

CourtDistrict Court of Appeal of Florida

DecidedJanuary 31, 1984

DocketNo. 83-265

StatusPublished

This text of 445 So. 2d 378 (Hanson 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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Hanson v. State, 445 So. 2d 378, 1984 Fla. App. LEXIS 11592 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

We affirm the defendants’ convictions for conspiracy to traffic in marijuana entered upon their pleas of nolo conten-dere, reserving the right to appeal the denial of their joint motion to suppress the contraband. Although we agree with the defendants’ contention that since the stop of their boat was concededly not made for any authorized administrative purpose of the Marine Patrol Officers, it was therefore necessary that the stop be based on founded suspicion, see State v. Zafra, 444 So.2d 1064 (Fla. 3d DCA 1984); United States v. Herrera, 711 F.2d 1546. (11th Cir.1983), our review of the record demonstrates that founded suspicion for the stop existed. Accordingly, the defendants’ consent to the boarding of the boat, which revealed the contraband in plain view, was not, as the defendants urge, tainted by an unlawful stop.

Affirmed.

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PER CURIAM.

We affirm the defendants’ convictions for conspiracy to traffic in marijuana entered upon their pleas of nolo conten-dere, reserving the right to appeal the denial of their joint motion to suppress the contraband. Although we agree with the defendants’ contention that since the stop of their boat was concededly not made for any authorized administrative purpose of the Marine Patrol Officers, it was therefore necessary that the stop be based on founded suspicion, see State v. Zafra, 444 So.2d 1064 (Fla. 3d DCA 1984); United States v. Herrera, 711 F.2d 1546. (11th Cir.1983), our review of the record demonstrates that founded suspicion for the stop existed. Accordingly, the defendants’ consent to the boarding of the boat, which revealed the contraband in plain view, was not, as the defendants urge, tainted by an unlawful stop.

Affirmed.

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445 So. 2d 378, 1984 Fla. App. LEXIS 11592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanson-v-state-fladistctapp-1984.

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