STATE OF FLORIDA, APPELLANT,
v.
JAMES EDWARD POOLE, APPELLEE
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ORFINGER, Judge.
The order suppressing the handgun seized from the defendant is reversed. We find no merit in the defendant’s assertion that the unreliability of the informant who told the police officers that defendant might be carrying a weapon is determinative of the issue here. After receiving the information, the officers saw the defendant put something in the car and walk away from it. While standing on the public street, a place where he had a right to be, one of the officers looked in the car and had an open view of the butt of a gun protruding from underneath the driver’s seat. Ensor v. State, 403 So. 2d 349 (Fla.1981). When it was clear that the defendant was the only occupant of the car, thus exercising control and authority over the car and the gun, the officers had probable cause to stop and arrest defendant for carrying a concealed firearm and had the right to seize the handgun based upon the automobile exception to the warrant requirement. Ensor; Harrison v. State, 442 So. 2d 427 (Fla. 5th DCA 1983).
REVERSED
UPCHURCH, C.J., and DAUKSCH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Gomez, 508 So. 2d 784 (Fla. 5th DCA 1987)…5th DCA 1985); State v. Fuller, 463 So. 2d 1252 (Fla. 5th DCA 1985); State v. Patel, 453 So. 2d 218 (Fla. 5th DCA 1984); State v. Raulerson, 403 So. 2d 1102 (Fla. 5th DCA 1981); State v. Green, 400 So. 2d 1322 (Fla. 5th DCA 1981). . State v. Poole, 496 So. 2d 224 (Fla. 5th DCA 1986); State v. Warren, 450 So. 2d 1249 (Fla. 5th DCA 1984).…
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Myers v. State, 546 So. 2d 754 (Fla. 3d DCA 1989)…of an ordinary person when the defendant was seated in the driver’s seat driving the subject automobile, and thus the defendant had been illegally carrying a concealed firearm at that time. Ensor v. State, 403 So. 2d 349 (Fla.1981); State v. Poole, 496 So. 2d 224 (Fla. 5th DCA 1986); McGraw v. State, 404 So. 2d 817 (Fla. 1st DCA 1981). Affirmed.…
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State v. Hollingshead, 974 So. 2d 1123 (Fla. 3d DCA 2008)…; Myers v. State, 546 So. 2d 754, 755 (Fla. 3d DCA 1989) (concluding that probable cause existed to seize revolver observed through car window under driver’s seat after occupant exited vehicle and was arrested for traffic violation); State v. Poole, 496 So. 2d 224, 225 (Fla. 5th DCA 1986) (holding that probable cause existed under “automobile exception” to seize gun observed protruding from under driver’s seat after the defendant’s arrest where officers, acting on a tip that the defendant was carrying a weapo…
Authorities Cited
- Elton E. Ensor v. State, 403 So. 2d 349 (Fla. 1981)
- The Keyes Co. v. Sherden, 442 So. 2d 427 (Fla. 4th DCA 1983)
- Harrison v. State, 442 So. 2d 427 (Fla. 5th DCA 1983)