DAVID MYERS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed conviction for drug and firearm possession, holding that police had probable cause to search the vehicle after observing a gun barrel protruding from under the driver's seat during a lawful traffic stop.
A police officer had probable cause to search an automobile after a valid traffic stop when the officer observed a revolver barrel protruding from under the driver's seat, indicating the defendant had illegally carried a concealed firearm.
[1] A police officer has probable cause to search an automobile when, during a lawful traffic stop, the officer observes a firearm barrel protruding from under the driver's s…
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Join FLexlaw to unlock all legal intelligenceDuring a traffic stop, the defendant exited his vehicle as the officer approached, and the officer observed the barrel of a revolver protruding from u…
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PER CURIAM.
This is an appeal by the defendant David Myers from a final judgment of conviction and sentence for unlawful possession of cocaine, unlawful possession of drug paraphernalia, and carrying a concealed firearm. The judgment and sentence were entered upon a nolo contendere plea in which the defendant specifically reserved for appeal the denial of his motion to suppress evidence seized by police from the defendant’s automobile, which motion was stipulated below to be dispositive of the case.
We affirm based on a holding that the police officer herein had probable cause to search the defendant’s automobile after (a) the officer validly stopped the defendant for a traffic violation, (b) the defendant got out of the driver’s side of his automobile as the officer approached the said automobile, and (c) the officer, from his vantage point outside the car, looked through the driver’s window onto the floorboard of the automobile and “saw the barrel of a revolver protruding from under the driver’s seat.” We reach this result because, under the above circumstances, the officer had probable cause to believe that the subject revolver had been hidden from the sight 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. Pollock, 600 So. 2d 1313 (Fla. 3d DCA 1992)…been denied. See id.; O.H. v. State, 577 So. 2d 696, 697 (Fla. 3d DCA 1991); State v. Puig, 551 So. 2d 552, 553 (Fla. 3d DCA 1989), review denied, 563 So. 2d 633 (Fla.1990); State v. Strachan, 549 So. 2d 235, 236 (Fla. 3d DCA 1989); Myers v. State, 546 So. 2d 754 (Fla. 3d DCA 1989). The order under review is reversed and the cause remanded for further proceedings consistent herewith. * The parties agree, and it is clear from the transcript, that the trial court granted the sworn motion to dismiss. The ord…
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L.G. v. State, 693 So. 2d 1020 (Fla. 3d DCA 1997)…ated in the driver’s seat with the doors closed, the firearm would not have been visible by ordinary observation to a person standing beside the vehicle. See id. at 355; see also State v. Puig, 551 So. 2d 552, 553 (Fla. 3d DCA 1989); Myers v. State, 546 So. 2d 754, 754-55 (Fla. 3d DCA 1989). L.G. argues that the decision in Villegas v. State, 22 Fla. L. Weekly D690, — So. 2d -(Fla. 2d DCA March 12,1997), supports his argument that concealment is judged with the door open, rather than closed. L.G. misapprehen…
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Ishmael Coley v. State, 559 So. 2d 622 (Fla. 3d DCA 1990)…annabis, with an express reservation of the right to appeal denial of his motion to suppress and motion to dismiss the firearm charge. We affirm. The officers had probable cause to arrest Coley for carrying a concealed firearm. See Myers v. State, 546 So. 2d 754, 755 (Fla. 3d DCA 1989). That being so, the search of the remainder of the passenger compartment was a proper search incident to a lawful arrest. New York v. Belton, 453 U.S. 454, 460, 101 S.Ct. 2860, 2864, 69 L.Ed.2d 768, 775 (1981). The search was…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Elton E. Ensor v. State, 403 So. 2d 349 (Fla. 1981)
- McGRAW v. State, 404 So. 2d 817 (Fla. 1st DCA 1981)
- State v. Poole, 496 So. 2d 224 (Fla. 5th DCA 1986)