SCOTT C. STEIN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 4th DCA | 1979-10-10
No. 79-1545
ANSTEAD, MOORE and BERANEK, JJ., concur.
375 So. 2d 638 Florida District Court of Appeal, Fourth District (1979) Negative Treatment
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

In response to our order to show cause why a writ of certiorari should not issue, the respondent has candidly conceded that the issue involved herein is controlled by the recent decision in Roberts v. State, 373 So. 2d 672 (Fla.1979). We agree.

Accordingly, the petition is granted and the order of the trial court of April 16,1979, is hereby quashed with directions for further proceedings in accordance with this decision.

ANSTEAD, MOORE and BERANEK, JJ., concur.


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  • Clark A. Caplan v. State, 531 So. 2d 88 (Fla. 1988)
    …the contrary, we distinguished Carr, Thompson and Harris from several other cases holding that the observation of opaque containers such as hand-rolled cigarettes, combined with other additional factors, created probable cause.2 See Adams v. State, 375 So. 2d 638 (Fla. 1st DCA 1979), cert. denied, 385 So. 2d 754 (1980); Lacks v. State, 366 So. 2d 1223 (Fla. 4th DCA 1979); Tamburro v. State, 343 So. 2d 638 (Fla. 4th DCA 1977). This conclusion is in harmony with the trend apparently followed in many American…
  • State v. Melendez, 392 So. 2d 587 (Fla. 4th DCA 1981)
    …and apply them to the case at bar. In doing so and after considering Officer Leach’s background, training and experience, we are compelled to conclude that he possessed probable cause to believe that the vehicle contained contraband. Adams v. State, 375 So. 2d 638 (Fla. 1st DCA 1979) cert. denied, 385 So. 2d 754 (Fla.1980); Smith v. State, 363 So. 2d 21 (Fla. 3d DCA 1978); State v. Flores, 305 So. 2d 292 (Fla. 2d DCA 1974) cert. denied, 315 So. 2d 189 (Fla.1975). Thus, the question is whether Officer Leach wa…
  • Blanding v. State, 446 So. 2d 1135 (Fla. 3d DCA 1984)
    …d.2d 527 (1983). Crucial to our determination here is that: (a) the defendant was plainly transferring in exchange for cash an unseen substance packaged in plastic bags, which are commonly used as containers for contraband drugs, see Adams v. State, 375 So. 2d 638 (Fla. 1st DCA 1979), cert. denied, 385 So. 2d 754 (Fla.1980), to passing motorists on the street; and (b) the defendant and his customer broke off one of these transactions and attempted to flee upon seeing the arresting officer approach. These two…

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