JIMMY BARRY BRYANT, APPELLANT/CROSS-APPELLEE,
v.
STATE OF FLORIDA, APPELLEE/CROSS-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed Bryant's convictions for burglary and theft, holding that the officer's search of a paper bag in the vehicle was justified under Michigan v. Long because the officer had a legitimate safety concern.
An officer may search a paper bag in a vehicle when the officer has a legitimate concern for officer safety based on the suspect's nervous behavior and known dangerousness.
[1] An officer may conduct a warrantless search of an object in a vehicle when the officer has a legitimate concern for officer safety based on the suspect's nervous behavior…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceSergeant Harper approached Jimmy Bryant sitting in a vehicle used in a burglary investigation. Bryant nervously moved to hide a brown paper bag beside…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Felony Theft cases and more on FLexlaw
THOMPSON, C.J.
Jimmy Bryant appeals his judgment and sentence, and an order denying his motion to suppress evidence, following his convictions for burglary of a dwelling and felony theft.
Sergeant Rodney Harper of the Palatka Police Department approached Jimmy Bryant as Bryant sat in a vehicle that had been used to commit a burglary that Harper was investigating. Harper testified that he knew the vehicle belonged to Bryant’s sister’s and knew Bryant used the vehicle. Harper testified that when he approached Bryant, Bryant was nervous and furtively moved to hide a brown paper bag sitting beside him in the auto. Harper testified that he was concerned that Bryant, whom Harper knew to be dangerous, could be hiding a weapon. Harper asked Bryant to exit the vehicle and searched the bag, which revealed drug paraphernalia. A search incident to arrest revealed evidence of burglary and grand theft.
Bryant raises two issues on appeal, only one of which merits discussion. Bryant argues that his motion to suppress evidence should have been granted because the officer did not have a legitimate concern for his safety when he searched the paper bag contained in the auto. We disagree and based on Michigan v. Long, 463 U.S. 1032, 103 S.Ct. 3469, 77 L.Ed.2d 1201 (1983) and State v. Dilyerd, 467 So. 2d 301 (Fla.1985), we affirm.
AFFIRMED.
SHARP, W. and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Roosa v. State, 192 So. 3d 1281 (Fla. 1st DCA 2016)…court to treat the motion as having been timely filed pursuant to rule 3.850, and to attach records conclusively refuting it, hold an evidentiary hearing, or vacate one of the convictions for resisting an officer with violence. See Spencer v. State, 805 So. 2d 1089 (Fla. 1st DCA 2002). REVERSED AND REMANDED. ROWE, OSTERHAUS, and WINSOR, JJ., concur.…
Authorities Cited
- Michigan v. Long, 463 U.S. 1032 (U.S. 1983)
- State v. Dilyerd, 467 So. 2d 301 (Fla. 1985)