PABLO GOMEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the defendant’s convictions and sentences for trafficking in cocaine and violation of probation. A review of the record shows that the trial court properly denied the defendant’s motion to suppress the cocaine seized. Regardless of the individual officer’s motivation, the traffic stop was lawful because the officer had probable cause to believe that the defendant had violated the traffic code by driving a vehicle with an expired temporary tag. Holland v. State, 696 So. 2d 757 (Fla.1997)(holding that the constitutional reasonableness of a traffic stop is not dependent on the motivations of the individual officers involved, rather that it is dependent on the simple objective test of whether the officer had probable cause to believe that the defendant violated a traffic code)(citing Whren v. U.S., 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996)); State v. Stachell, 681 So. 2d 802 (Fla. 2d DCA 1996). Further, the seizure was lawful because the defendant voluntarily gave the officer consent to search the car for his registration and insurance card. Denehy v. State, 400 So. 2d 1216 (Fla.1980).
Affirmed.
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State v. Kindle, 782 So. 2d 971 (Fla. 5th DCA 2001)…fic stop, a law enforcement officer may ask the driver of the vehicle for consent to search, and if it is freely and voluntarily given, illegal narcotics seized incident to that search will generally be shielded from suppression. See Gomez v. State, 748 So. 2d 352 (Fla. 3d DCA 1999), rev. dismissed, 762 So. 2d 916 (Fla.2000); State v. Parrish, 731 So. 2d 101 (Fla. 2d DCA 1999); State v. Holland, 680 So. 2d 1041 (Fla. 1st DCA 1996); State v. Cromatie, 668 So. 2d 1075 (Fla. 2d DCA 1996); see also Castro v. Stat…
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State v. Fischer, 987 So. 2d 708 (Fla. 5th DCA 2008)…mmediately apparent requirement of the plain view doctrine, "the police must have probable cause to associate the item with criminal activity”). . A law enforcement officer may properly stop a vehicle displaying an improper tag. See Gomez v. State, 748 So. 2d 352, 352-53 (Fla. 3d DCA 1999) ("A review of the record shows that the trial court properly denied the defendant's motion to suppress the cocaine seized. Regardless of the individual officer’s motivation, the traffic stop was lawful because the officer…
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Sims v. State, 805 So. 2d 44 (Fla. 1st DCA 2001)…ter departing from his residence.”). The stop here was permissible, and police were enti-tied to ask for permission to search Sims’ vehicle. See State v. Holland, 680 So. 2d 1041 (Fla. 1st DCA 1996), aff'd, 696 So. 2d 757 (Fla.1997); Gomez v. State, 748 So. 2d 352 (Fla. 3d DCA 1999), rev. dismissed, 762 So. 2d 916 (Fla.2000). Sims offers no authority for reversing the denial of his second motion to suppress. As noted, Sims was not searched pursuant to a search warrant. Instead, he was validly stopped during…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Whren v. United States, 517 U.S. 806 (U.S. 1996)
- Holland v. State, 696 So. 2d 757 (Fla. 1997)
- Denehy v. State, 400 So. 2d 1216 (Fla. 1980)
- State v. Stachell, 681 So. 2d 802 (Fla. 2d DCA 1996)