Stone v. State

District Court of Appeal of Florida

Stone v. State

540 So. 2d 261, 14 Fla. L. Weekly 800, 1989 Fla. App. LEXIS 1593, 1989 WL 28373

CourtDistrict Court of Appeal of Florida

DecidedMarch 30, 1989

DocketNo. 88-817

StatusPublished

This text of 540 So. 2d 261 (Stone 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.

Bluebook

Stone v. State, 540 So. 2d 261, 14 Fla. L. Weekly 800, 1989 Fla. App. LEXIS 1593, 1989 WL 28373 (Fla. Ct. App. 1989).

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Opinion

COWART, Judge.

The trial court’s denial of the defendant’s Motion to Suppress is affirmed although the arresting officer making an inventory search did not offer the defendant an alternative to the impoundment of the defendant’s automobile when the defendant was arrested. Since Colorado v. Bertine, 479 U.S. 367, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987), the requirement that an arrested driver be offered an alternative to im-poundment of his vehicle, as formerly required under Miller v. State, 403 So.2d 1307 (Fla.1981), no longer exists. State v. Wells, 539 So.2d 464 (Fla.1989); Robinson v. State, 537 So.2d 95 (Fla.1989); State v. Smith, 529 So.2d 1226 (Fla. 3d DCA 1988); [262]*262and State v. Williams, 516 So.2d 1081 (Fla. 2d DCA 1987).

AFFIRMED.

DAUKSCH and DANIEL, JJ., concur.

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COWART, Judge.

The trial court’s denial of the defendant’s Motion to Suppress is affirmed although the arresting officer making an inventory search did not offer the defendant an alternative to the impoundment of the defendant’s automobile when the defendant was arrested. Since Colorado v. Bertine, 479 U.S. 367, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987), the requirement that an arrested driver be offered an alternative to im-poundment of his vehicle, as formerly required under Miller v. State, 403 So.2d 1307 (Fla.1981), no longer exists. State v. Wells, 539 So.2d 464 (Fla.1989); Robinson v. State, 537 So.2d 95 (Fla.1989); State v. Smith, 529 So.2d 1226 (Fla. 3d DCA 1988); [262]*262and State v. Williams, 516 So.2d 1081 (Fla. 2d DCA 1987).

AFFIRMED.

DAUKSCH and DANIEL, JJ., concur.

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Bluebook (online)

540 So. 2d 261, 14 Fla. L. Weekly 800, 1989 Fla. App. LEXIS 1593, 1989 WL 28373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-state-fladistctapp-1989.

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