State v. Grant

District Court of Appeal of Florida

State v. Grant

732 So. 2d 513, 1999 Fla. App. LEXIS 7293, 1999 WL 346035

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 1999

DocketNo. 98-2359

StatusPublished

This text of 732 So. 2d 513 (State v. Grant) 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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State v. Grant, 732 So. 2d 513, 1999 Fla. App. LEXIS 7293, 1999 WL 346035 (Fla. Ct. App. 1999).

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Opinions

FARMER, J.

We affirm the trial court’s suppression of evidence. The facts believed by the trial court show that defendant had not been a recent occupant of the automobile searched without a warrant, at least not recently enough within the holding in New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981) (when officer makes lawful custodial arrest of automobile occupants he may, incident to arrest, search passenger compartment of vehicle and may examine container and its contents found within the passenger compartment). See also State v. Howard, 538 [514]*514So.2d 1279 (Fla. 5th DCA), rev. denied, 548 So.2d 663 (Fla.1989) (search of car was not incident to arrest where arrestee had exited and locked car before he was approached by officer and then arrested).

POLEN J., concurs. STONE, C.J., dissents with opinion.

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FARMER, J.

We affirm the trial court’s suppression of evidence. The facts believed by the trial court show that defendant had not been a recent occupant of the automobile searched without a warrant, at least not recently enough within the holding in New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981) (when officer makes lawful custodial arrest of automobile occupants he may, incident to arrest, search passenger compartment of vehicle and may examine container and its contents found within the passenger compartment). See also State v. Howard, 538 [514]*514So.2d 1279 (Fla. 5th DCA), rev. denied, 548 So.2d 663 (Fla.1989) (search of car was not incident to arrest where arrestee had exited and locked car before he was approached by officer and then arrested).

POLEN J., concurs. STONE, C.J., dissents with opinion.

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732 So. 2d 513, 1999 Fla. App. LEXIS 7293, 1999 WL 346035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-grant-fladistctapp-1999.

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