Pyszka v. State

District Court of Appeal of Florida

Pyszka v. State

400 So. 2d 486, 1981 Fla. App. LEXIS 19889

CourtDistrict Court of Appeal of Florida

DecidedMay 20, 1981

DocketNo. 79-1056/T4-547

StatusPublished

This text of 400 So. 2d 486 (Pyszka 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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Pyszka v. State, 400 So. 2d 486, 1981 Fla. App. LEXIS 19889 (Fla. Ct. App. 1981).

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ORFINGER, Judge.

The judgment of conviction for possession of contraband drugs is affirmed on the authority of Oishi v. State, 400 So.2d 480 (Fla. 5th DCA 1981). Here, the appellant’s carry-on bag was opaque and could not be visualized through the x-ray machine at the airport boarding gate, so the security guard opened it to check its contents. The discovery of the drugs was not the product of an illegal search and thus the trial court was correct in denying the motion to suppress.

AFFIRMED.

EVANS, VERNON W., Jr., Associate Judge, concurs. DAUKSCH, C. J., concurs specially with opinion.

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ORFINGER, Judge.

The judgment of conviction for possession of contraband drugs is affirmed on the authority of Oishi v. State, 400 So.2d 480 (Fla. 5th DCA 1981). Here, the appellant’s carry-on bag was opaque and could not be visualized through the x-ray machine at the airport boarding gate, so the security guard opened it to check its contents. The discovery of the drugs was not the product of an illegal search and thus the trial court was correct in denying the motion to suppress.

AFFIRMED.

EVANS, VERNON W., Jr., Associate Judge, concurs. DAUKSCH, C. J., concurs specially with opinion.

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400 So. 2d 486, 1981 Fla. App. LEXIS 19889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pyszka-v-state-fladistctapp-1981.

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