ELLIS EDMOND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1968-03-18
No. 1350
WALDEN, C. J., and REED, J., concur.
208 So. 2d 135 Florida District Court of Appeal, Fourth District (1968) Positive Treatment
Cited by 2 cases

Opinion of the Court
BARNS, PAUL D., Associate Judge.

BARNS, PAUL D., Associate Judge.

After a defendant has been stopped for the violation of a traffic regulation at 4 A.M. and does not have a driver’s permit, and he tells the officer that the car is borrowed from a friend in Miami (over sixty miles away), but only gives his friend’s name as “Harry” and the officer observes a crowbar and screwdriver protruding from under the front seat and a radio with store tag on the back seat with the aid of a flashlight shined through the glass windows of the car, he has sufficient probable cause to make a thorough search of the automobile after arrest for the traffic violation and failure to produce a driver’s permit. Affirmed on authority of Gispert v. State, Fla.App.1960, 118 So.2d 596.

Affirmed.

WALDEN, C. J., and REED, J., concur.


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Cited By

  • State v. Miller, 267 So. 2d 352 (Fla. 4th DCA 1972)
    …rity statement of the facts — that there was no probable cause to search. See Beck v. State, Fla.App.1966, 181 So. 2d 659; Paula v. State, Fla.App.1966, 188 So. 2d 388; State v. Jones, Fla.App.1969, 222 So. 2d 216; and Edmond v. State, Fla.App.1968, 208 So. 2d 135; State v. Sanders, Fla.App. 1970, 239 So. 2d 120 and Crosby v. United States, 5 Cir. 1956, 231 F. 2d 679. In my judgment the newly coined “search incident to a lawful detention” finds no support in the law and espouses a dangerous and unconstitutio…

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