STATE OF FLORIDA, APPELLANT,
v.
DARYL LEE BOWLIN, APPELLEE
STATE OF FLORIDA, APPELLANT,
DARYL LEE BOWLIN, APPELLEE
435 So. 2d 986
Florida District Court of Appeal, Fourth District (1983)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The state appeals an order suppressing from evidence a firearm found in the passenger compartment of an automobile following a lawful custodial arrest for driving while under the influence. We reverse on authority of State v. Valdes, 423 So. 2d 944 (Fla. 3d DCA 1982), which is on all fours with the instant case, and Savoie v. State, 422 So. 2d 308 (Fla.1982).
LETTS, GLICKSTEIN and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Warren, 450 So. 2d 1249 (Fla. 5th DCA 1984)…) calls for an arrest. A search of the immediate area around the arrestee is permitted when incident to arrest. A firearm under the seat but not visible from outside is a concealed weapon. Savoie v. State, 422 So. 2d 308 (Fla.1982); State v. Bowlin, 435 So. 2d 986 (Fla. 4th DCA 1983); State v. Valdes, 423 So. 2d 944 (Fla. 3d DCA 1982). See also, New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981). The order granting the motion to suppress was error because the search was a lawful search…
Authorities Cited
- THE Florida BAR v. Schell, 422 So. 2d 308 (Fla. 1982)
- State v. Valdes, 423 So. 2d 944 (Fla. 3d DCA 1982)