EDDINGS

v.

OKLAHOMA

Citator

Cited By (62 total)

• Wright v. State, 418 So. 2d 1087 (Fla. 1st DCA 1982)
  …ent opinions of the United States Supreme Court imply that there is no constitutional impediment to the warrantless search of the film canister. In New York v. Belton, 453 U.S. 454, 460, 101 S.Ct. 2860, 2864, 69 L.Ed.2d 768, 775 (1981), reh. denied, 453 U.S. 950, 102 S.Ct. 26, 69 L.Ed.2d 1036, the Court discussed the parameters of a search of a container incident to arrest. The search of any closed or open container within reach of an arrestee was permitted, “since the justification for the search is not th…
• Lothar Sommer v. State, 465 So. 2d 1339 (Fla. 5th DCA 1985)
  …44 (Fla. 3d DCA 1982). The officer lawfully arrested appellant under the Ft. Lauderdale warrant and appellant was an occupant of the vehicle when he was arrested. New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), reh. den., 453 U.S. 950, 102 S.Ct. 2860, 69 L.Ed.2d 768 (1981) is the seminal case. It holds "... that when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartme…
• State v. Lucious Mitchell, Jr., 638 So. 2d 1015 (Fla. 2d DCA 1994)
  …he arrest. State v. Williams, 516 So. 2d 1081 (Fla. 2d DCA 1987). A lawful custodial arrest justifies the infringement of any privacy interest the arrestee may have. New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768, rehearing denied, 453 U.S. 950, 102 S.Ct. 26, 69 L.Ed.2d 1036 (1981). The discovery of the cocaine pipes and ring baggie in the front seat provided the deputy with probable cause to search the contents of the bag of clothes. See Belton, 101 S.Ct. at 2864. [*1017] Reversed and rem…