State v. Nieman

District Court of Appeal of Florida

State v. Nieman

292 So. 2d 610, 1974 Fla. App. LEXIS 7785

CourtDistrict Court of Appeal of Florida

DecidedApril 11, 1974

DocketNo. 74-94

StatusPublished

Cited by2 cases

This text of 292 So. 2d 610 (State v. Nieman) 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. Nieman, 292 So. 2d 610, 1974 Fla. App. LEXIS 7785 (Fla. Ct. App. 1974).

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Opinion

PER CURIAM.

The State appeals an order suppressing certain tangible evidence seized following a warrantless search of an automobile which had been driven by appellee-Nieman. We conclude that on the basis of the information then known to the officers conducting the search, coupled with the surrounding circumstances, the officers had probable cause to believe that the automobile contained contraband and thus the search was not illegal. Carroll v. United States, 1925, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543; State v. Miller, Fla.App.1972, 267 So.2d 352; State v. Sanders, Fla.App. 1970, 239 So.2d 120.

The order granting the motion to suppress is reversed and this cause remanded for further proceedings.

OWEN, C. J., and WALDEN and DOWNEY, JJ., concur.

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PER CURIAM.

The State appeals an order suppressing certain tangible evidence seized following a warrantless search of an automobile which had been driven by appellee-Nieman. We conclude that on the basis of the information then known to the officers conducting the search, coupled with the surrounding circumstances, the officers had probable cause to believe that the automobile contained contraband and thus the search was not illegal. Carroll v. United States, 1925, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543; State v. Miller, Fla.App.1972, 267 So.2d 352; State v. Sanders, Fla.App. 1970, 239 So.2d 120.

The order granting the motion to suppress is reversed and this cause remanded for further proceedings.

OWEN, C. J., and WALDEN and DOWNEY, JJ., concur.

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292 So. 2d 610, 1974 Fla. App. LEXIS 7785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nieman-fladistctapp-1974.

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