Nielsen v. State

District Court of Appeal of Florida

Nielsen v. State

393 So. 2d 1188, 1981 Fla. App. LEXIS 19492

CourtDistrict Court of Appeal of Florida

DecidedFebruary 17, 1981

DocketNo. 79-1051

StatusPublished

This text of 393 So. 2d 1188 (Nielsen 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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Nielsen v. State, 393 So. 2d 1188, 1981 Fla. App. LEXIS 19492 (Fla. Ct. App. 1981).

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Opinion

BASKIN, Judge.

We affirm the trial court’s denial of defendant’s motion to suppress cocaine seized without a warrant. Appellant clearly appeared to be drunk when he entered his car and fumbled for his keys. The circumstances afforded the officer approaching the car a plain view of the contraband, State v. Ruiz, 360 So.2d 1320 (Fla. 2d DCA 1978), and probable cause to arrest. Smith v. State, 363 So.2d 21 (Fla. 3d DCA 1978); State v. Harris, 281 So.2d 405 (Fla. 4th DCA 1973).

Affirmed.

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BASKIN, Judge.

We affirm the trial court’s denial of defendant’s motion to suppress cocaine seized without a warrant. Appellant clearly appeared to be drunk when he entered his car and fumbled for his keys. The circumstances afforded the officer approaching the car a plain view of the contraband, State v. Ruiz, 360 So.2d 1320 (Fla. 2d DCA 1978), and probable cause to arrest. Smith v. State, 363 So.2d 21 (Fla. 3d DCA 1978); State v. Harris, 281 So.2d 405 (Fla. 4th DCA 1973).

Affirmed.

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393 So. 2d 1188, 1981 Fla. App. LEXIS 19492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nielsen-v-state-fladistctapp-1981.

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