State v. Berrios

District Court of Appeal of Florida

State v. Berrios

478 So. 2d 890, 10 Fla. L. Weekly 2690, 1985 Fla. App. LEXIS 17170

CourtDistrict Court of Appeal of Florida

DecidedDecember 3, 1985

DocketNo. 85-852

StatusPublished

This text of 478 So. 2d 890 (State v. Berrios) 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

State v. Berrios, 478 So. 2d 890, 10 Fla. L. Weekly 2690, 1985 Fla. App. LEXIS 17170 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

We find that the state failed to meet its burden of proof so as to require reversal under New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1982). There is no evidence in the record that the hatchback portion of the Mustang, in which the police found the paper bag containing cocaine, was accessible from the interior of the car. The state’s remaining points lack merit.

Affirmed.

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PER CURIAM.

We find that the state failed to meet its burden of proof so as to require reversal under New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1982). There is no evidence in the record that the hatchback portion of the Mustang, in which the police found the paper bag containing cocaine, was accessible from the interior of the car. The state’s remaining points lack merit.

Affirmed.

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Bluebook (online)

478 So. 2d 890, 10 Fla. L. Weekly 2690, 1985 Fla. App. LEXIS 17170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-berrios-fladistctapp-1985.

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