JAMES LISK GADDY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1981-06-01
No. VV-11
McCORD, BOOTH and SHIVERS, JJ., concur.
399 So. 2d 110 Florida District Court of Appeal, First District (1981) Caution
Cited by 7 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant appeals from his conviction of armed robbery, contending that the trial court erred in denying his motion to suppress the fruits of a search of his automobile which was made following his arrest for speeding and driving under the influence of alcohol. Although we do not agree with the trial court’s conclusion that the evidence was seized pursuant to a valid inventory search, we find that the search was valid on other grounds. The officers who seized the evidence were justified in the search of the front seat area of appellant’s vehicle because they had probable cause to believe that it contained a concealed firearm and exigent circumstances existed for such search. See Benton v. State, 329 So. 2d 385 (Fla. 1st DCA 1976).

AFFIRMED.

McCORD, BOOTH and SHIVERS, JJ., concur.


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  • Logan Finney v. State, 420 So. 2d 639 (Fla. 3d DCA 1982)
    …f’d, 392 So. 2d 1324 (Fla.1981), the court concluded that a stipulation by the parties that a case could not be prosecuted without the benefit of a confession, enabled the motion to suppress to be dispositive of the case. Accord, Alexander v. State, 399 So. 2d 110 (Fla. 1st DCA 1981); Snell v. State, 388 So. 2d 1353, 1354, n. 2 (Fla. 5th DCA 1980); Oesterle v. State, 382 So. 2d 1293 (Fla. 2d DCA 1980). This court, in Sune v. State, 402 So. 2d 11 (Fla. 3d DCA 1981), recognized that if there had been evidence o…
  • State v. Carr, 438 So. 2d 826 (Fla. 1983)
    …R CURIAM. This is a petition to review Carr v. State, 421 So. 2d 1098 (Fla. 4th DCA 1982), on the ground that it conflicts with Puccio v. State, 424 So. 2d 85 (Fla. 1st DCA 1982); Sune v. State, 402 So. 2d 11 (Fla. 3d DCA 1981); Alexander v. State, 399 So. 2d 110 (Fla. 1st DCA 1981); and Hardison v. State, 385 So. 2d 738 (Fla. 2d DCA 1980). We agree there is conflict and find jurisdiction. Art. V, § 3(b)(3), Fla. Const. Respondent Carr was charged in a two-count information with robbery and attempted first-…
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  • Leisure v. State, 429 So. 2d 434 (Fla. 1st DCA 1983)
    …a. 2d DCA 1979); see also Gainey v. State, 386 So. 2d 904 (Fla. 4th DCA 1980), and Gray v. State, 379 So. 2d 435 (Fla. 2d DCA 1980). Finally, we note that our holding in this case does not conflict with our previous decisions in Alexander v. State, 399 So. 2d 110 (Fla. 1st DCA 1981), Puccio v. State, 424 So. 2d 85 (Fla. 1st DCA 1982) (on petition for rehearing), or Turner v. State, 409 So. 2d 253 (Fla. 1st DCA 1982). The Turner and Puceio cases are distinguishable from this case based on the fact that the is…

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