BRIAN PARKER HANLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1989-08-22
No. 88-687
SMITH and MINER, JJ., and PEARSON, TILLMAN (Ret’d), Associate Judge, concur.
547 So. 2d 1037 Florida District Court of Appeal, First District (1989)


Opinion of the Court
PER CURIAM.

PER CURIAM.

Finding that the warrantless search of the motor vehicle which the appellant was operating was justified as a search incident to appellant’s lawful arrest for driving with a suspended license, we do not reach the question of whether appellant voluntarily gave the arresting officer consent to search the vehicle. Since the legality of the warrantless search is the only issue presented in this appeal, it follows that appellant’s convictions for driving while license suspended, possession of cocaine and possession of LSD should be and are hereby affirmed. See State v. Eady, 538 So. 2d 96 (Fla. 3d DCA 1989); Fields v. State, 369 So. 2d 603 (Fla. 1st DCA 1978); State v. Gustafson, 258 So. 2d 1 (Fla.1972); Pafford v. State, 281 So. 2d 51 (Fla. 1st DCA 1973).

SMITH and MINER, JJ., and PEARSON, TILLMAN (Ret’d), Associate Judge, concur.


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