DONALD FELIX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DONALD FELIX, APPELLANT,
STATE OF FLORIDA, APPELLEE
566 So. 2d 342
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the conviction of Donald Felix for possession of cocaine, a third-degree felony. We write only to note that the officer exceeded the scope of a pat-down when he turned Felix’s pockets inside out and found one piece of rock cocaine. See Walker v. State, 514 So. 2d 1149, 1151 (Fla. 2d DCA 1987). Although that one rock of cocaine should have been suppressed, the trial court’s denial of the motion to suppress as to that rock was harmless error because the officer seized three other rocks of cocaine which were in the officer’s plain view during the course of a lawful intrusion. As to those rocks, the denial of the motion to suppress was proper. Affirmed.
RYDER, A.C.J., and LEHAN, J., and LUTEN, CLAIRE K., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hines v. State, 737 So. 2d 1182 (Fla. 1st DCA 1999)…believes object concealed might be weapon). Instead, Simmons skipped the pat-down and reached directly into Hines’ pocket as Hines faced the other way with his arms outstretched upon the car. This search was unreasonable and illegal. Felix v. State, 566 So. 2d 342 (Fla. 2d DCA 1990) (officer exceeded scope of pat-down when he turned defendant’s pockets inside out and found piece of rock cocaine); Walker v. State, 514 So. 2d 1149 (Fla. 2d DCA 1987) (defendant’s quick, furtive movement as if to conceal somethin…
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Smallwood v. State, 113 So. 3d 724 (Fla. 2013)…ring trial, any error by the trial court is harmless. The erroneous admission of evidence obtained from an improper search is subject to a harmless error analysis. See, e.g., Evans v. State, 989 So. 2d 1219, 1223 (Fla. 5th DCA 2008); Felix v. State, 566 So. 2d 342, 343 (Fla. 2d DCA 1990). “The harmless error test ... places the burden on the state, as the beneficiary of the error, to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict or, alternatively stated, that t…
Authorities Cited
- Walker v. State, 514 So. 2d 1149 (Fla. 2d DCA 1987)