THE STATE OF FLORIDA, APPELLANT,
v.
RAYMOND VAN-NOSTRAND, APPELLEE
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The court held that the initial stop and subsequent search of the vehicle were lawful, justifying the seizure of the evidence.
Police stopped Van-Nostrand's car, observed an ammunition clip, and arrested him after he admitted to carrying a concealed firearm. A subsequent searc…
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BASKIN, Judge.
This is an appeal by the state from an order suppressing a gun, an ammunition clip, and drugs found in Van-Nostrand’s automobile. We reverse.
Van-Nostrand drove into the driveway of a home under police surveillance. A police officer asked for identification, advised Van-Nostrand that the house was under surveillance, and asked him to step out of his car. As Van-Nostrand stepped out of the automobile, the officer looked through the window and noticed a clip from an automatic pistol protruding from the opening of a purse. When the officer asked Van-Nostrand if he had a gun, Van-Nost-rand stated that he had a gun in his boot. The police then arrested Van-Nostrand, searched his car, and seized the items suppressed by the court.
We find that the initial stop by police was reasonable and the request for identification appropriate. See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Marrero v. State, 375 So. 2d 612 (Fla. 3d DCA 1979). After Van-Nostrand admitted that he had a concealed firearm on his person, the officer had probable cause to arrest him and to conduct a lawful search incident to that arrest. See New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981). We therefore reverse the trial court’s erroneous suppression of the items seized during the search and remand for further proceedings.
Reversed and remanded.
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Citator
Cited By
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Pickersgill v. State, 516 So. 2d 92 (Fla. 3d DCA 1987)…g home, backing up camper next to the apartment and leaving hurriedly shortly thereafter, notwithstanding fact that officers’ blocked view prevented them from observing whether defendant was loading marijuana into the camper); State v. Van-Nostrand, 456 So. 2d 948 (Fla. 3d DCA 1984) (initial stop of defendant when he drove into driveway of a home under police surveillance was reasonable); see also Gadsen v. State, 498 So. 2d 1339 (Fla. 2d DCA 1986) (police did not have probable cause to search automobile base…
Authorities Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968)
- New York v. Belton, 453 U.S. 454 (U.S. 1981)
- Victoriano Frank Marrero v. State, 375 So. 2d 612 (Fla. 3d DCA 1979)