RICHARD L. LONG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1970-12-18
No. 70-114
HOBSON, C. J., and MANN, J., concur.
244 So. 2d 506 Florida District Court of Appeal, Second District (1970) Positive Treatment
Cited by 6 cases
Opinion of the Court
PIERCE, Judge.

PIERCE, Judge.

This is a companion case to Church v. State, Fla.App., 244 So.2d 506, this day decided by affirmance. Appellants Long and Church were together in the automobile that was searched and from which the incriminating articles were seized as depicted in the Church opinion. Although separate appeals were taken out by Church and Long, the appeals have been heretofore consolidated by this Court for purpose of appellate disposition.

The sole question in this appeal of Long, as it was in the appeal of Church, is the legality of the search of the car wherein Long and Church, together with three other Negroes, were riding just before their apprehension. The legality of the search was upheld in Church, and the case there affirmed. This case must follow a like course.

Accordingly, the judgment appealed from is—

Affirmed.

HOBSON, C. J., and MANN, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State v. Miller, 267 So. 2d 352 (Fla. 4th DCA 1972)
    …der such circumstances might prevent the apprehension of persons carrying illegally obtained goods. Collins v. State, Fla. 1953, 65 So. 2d 61. A search without a warrant is, nonetheless, valid in certain instances. In Church v. State, Fla.App.1970, 244 So. 2d 506, at p. 508, it was held: “The search of the automobile may be justified either because of the existence of probable cause or as an incident to the lawful arrest. The search of a moving vehicle, or one capable of being instantly put into motion, is…
  • Long v. State, 244 So. 2d 506 (Fla. 2d DCA 1970)
    …PIERCE, Judge. This is a companion case to Church v. State, Fla.App., 244 So. 2d 506, this day decided by affirmance. Appellants Long and Church were together in the automobile that was searched and from which the incriminating articles were seized as depicted in the Church opinion. Although separate appeals were taken out by Church…
  • State v. Patterson, 252 So. 2d 398 (Fla. 2d DCA 1971)
    …eeding, especially in her physical condition which was somewhat inconsistent with safe driving at about 4:30 in the early morning on a public highway. Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543; Church v. State, Fla.App.1970, 244 So. 2d 506. Moreover, Rebecca not only consented to the search of the car, but actually initiated the subject-matter by inviting it. Rebecca could not thereafter validly object to either the search or the seizure. Slater v. State, Fla.1956, 90 So. 2d 453; Ran…

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