SANDRA RHUDY GILL, JAMES RHUDY, JOHN SUTHERLAND AND ROB ROY RHUDY, APPELLANTS,

v.

ROBERT M. HIERS, AS REMAINDERMAN AND PERSONAL REPRESENTATIVE OF THE ESTATE OF ADA HIERS RHUDY, APPELLEE

Citator

Cited By

• State v. McLENDON, 490 So. 2d 1308 (Fla. 1st DCA 1986)
  …upreme Court held that a lawful custodial arrest creates a situation which justifies a contemporaneous search without a warrant of the person arrested and the area within the immediate control of the arrestee. . This court, in State v. Vanderhorst, 419 So. 2d 762 (Fla. 1st DCA 1982), held that the driver of a vehicle who had vacated his vehicle for approximately two and one-half hours before being apprehended and taken into custody was not a recent occupant of the vehicle, and the warrant-less search of his…
• Thomas v. State, 761 So. 2d 1010 (Fla. 1999)
  …n has been extended to a situation not contemplated by the Supreme Court in Belton. Rather, the Chimel factors of threat to officer safety or the necessity of preservation of evidence must be present to validate the search. In State v. Vanderhorst, 419 So. 2d 762 (Fla. 1st DCA 1982), the defendant was arrested for being intoxicated, and a subsequent search of his car revealed four quaaludes. The confrontation with the officer and the subsequent arrest and search were two-and-one-half hours after defendant’s…
• Shaw v. State, 449 So. 2d 976 (Fla. 1st DCA 1984)
  …r case. 404 So. 2d at 1104. See also State v. Zimmerman, 413 So. 2d 838 (Fla.lst DCA 1982) (defendant handcuffed and inside police car at time of vehicle search); Patterson v. State, 402 So. 2d 1190 (Fla.5th DCA 1981); compare State v. Vanderhorst, 419 So. 2d 762 (Fla.1st DCA 1982) (facts did not reveal that arrestee was recent occupant of vehicle). The fact that George was the only one of the three who was under arrest at the time of the search does not make the search of the vehicle any less valid insofar…

Authorities Cited

• Holden v. Est. OF Mary Lee Gardner, 420 So. 2d 1082 (Fla. 1982)