THE STATE OF FLORIDA, APPELLANT,
v.
DEBORAH GARY, APPELLEE

Fla. 3d DCA | 1985-04-09
No. 84-1442
Before SCHWARTZ, C.J., and BARK- . DULL and JORGENSON, JJ.
466 So. 2d 1199 Florida District Court of Appeal, Third District (1985) Caution
Cited by 4 cases
Topics
Terry Stop Search Incident To Lawful Arrest Probable Cause

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Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

The search of the defendant’s handbag which yielded narcotics cannot be sustained under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), as the state argues, because the officers in question unjustifiably went into the purse without first conducting a prior external pat-down for weapons, which is required (and would have revealed that she was not carrying a firearm as the police supposedly feared). J.R.H. v. State, 428 So. 2d 786 (Fla. 2d DCA 1983); Jamison v. State, 455 So. 2d 1112 (Fla. 4th DCA 1984); Fraley v. State, 374 So. 2d 1122 (Fla. 4th DCA 1979); sec. 901.-151(5), Fla.Stat. (1983); see Baldwin v. State, 418 So. 2d 1219 (Fla. 2d DCA 1982); Blackburn v. State, 414 So. 2d 651 (Fla. 2d DCA 1982); Raleigh v. State, 404 So. 2d 1163 (Fla. 2d DCA 1981); M.A.P. v. State, 403 So. 2d 1384 (Fla. 2d DCA 1981); Meeks v. State, 356 So. 2d 45 (Fla. 2d DCA 1978), cert. denied, 364 So. 2d 892 (Fla.1978). This determination makes it unnecessary to treat any of the other deficiencies in the search found by the trial court in entering the order of suppression under review.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • T.J. v. State, 538 So. 2d 1320 (Fla. 2d DCA 1989)
    …officer has concluded that the purse or pocket does not contain a weapon. Raleigh v. State, 404 So. 2d 1163 (Fla. 2d DCA 1981); Baldwin v. State, 418 So. 2d 1219 (Fla. 2d DCA 1982); White v. State, 458 So. 2d 1150 (Fla. 1st DCA 1984); State v. Gary, 466 So. 2d 1199 (Fla. 3d DCA 1985). Accordingly, we reverse the adjudication of delinquency.3 RYDER, A.C.J., and FRANK, J., concur. . Apparently, this belief was based upon a friendship between T.J. and the girl with the knife. The record, however, does not clea…
  • Lencsak v. State, 579 So. 2d 882 (Fla. 2d DCA 1991)
    …the Stop and Frisk Law. At most, the officer “could have asked appellant if the bag contained a dangerous weapon or could have conducted a pat-down search of the bag,” 428 So. 2d at 787-88. We find additional support for our result in State v. Gary, 466 So. 2d 1199 (Fla. 3d DCA 1985), in which the court held that the police had no justification to search a woman’s handbag without first conducting a pat-down for weapons. Having properly stopped Lencsak after observing him litter, the officers — if indeed [*884…

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