Myrick v. State

District Court of Appeal of Florida

Myrick v. State

577 So. 2d 688, 1991 Fla. App. LEXIS 3066, 1991 WL 46841

CourtDistrict Court of Appeal of Florida

DecidedApril 8, 1991

DocketNo. 90-02131

StatusPublished

This text of 577 So. 2d 688 (Myrick 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.

Bluebook

Myrick v. State, 577 So. 2d 688, 1991 Fla. App. LEXIS 3066, 1991 WL 46841 (Fla. Ct. App. 1991).

Pincite

Opinions

WOLF, Judge.

Myrick appeals from a judgment and sentence for possession of crack cocaine with intent to sell. Appellant entered a plea of nolo contendere, expressly reserving his right to appeal the trial court’s order denying his motion to suppress evidence discovered during a search of appellant’s person. We find the search of the appellant to he invalid and reverse.

Myrick was searched after he knocked on the door of a motel room which was being searched by the police pursuant to a warrant. At the time of the search, the police had no evidence which connected appellant with the contents or occupants of the room.

We find that the facts of this case are indistinguishable from Knight v. State, 566 So.2d 8 (Fla. 1st DCA 1990) and, therefore, reverse and remand with directions to suppress the evidence.

ZEHMER, J., concurs. BOOTH, J., dissents with opinion.

Free access — add to your briefcase to read the full text and ask questions with AI