VINCENT J. WATERHOUSE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This is an appeal by the defendant below from a judgment of conviction of possession of narcotic drug, on two counts of an information; one count relating to marijuana and the other to cocaine. The defendant was arrested in the nighttime, for an observed violation of a traffic regulation, which consisted of running a red light. A check made by the officer at the time of the arrest disclosed there were outstanding fugitive warrants against the defendant predicated upon earlier traffic offenses. The defendant was given the Miranda warnings by the officer, and chose not to answer any questions without an attorney present. Prior to having the defendant’s automobile towed away, the officer made an inventory search thereof, in the course of which, when a flashlight was shone into the car the officer saw the narcotic drugs lying in the car under the seat.
In the circumstances of this case, the contentions of the appellant that the search was unlawful, and that the court erred in refusing to suppress the evidence thus obtained, are without merit.
Affirmed.
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State v. Pomerance, 434 So. 2d 329 (Fla. 2d DCA 1983)…er the automobile was properly seized and impounded without a warrant at the time of appellee’s arrest. If so, the search of the trunk of the car was a proper inventory search. Godbee v. State, 224 So. 2d 441 (Fla. 2d DCA 1969); Waterhouse v. State, 256 So. 2d 397 (Fla. 3d DCA 1972). We have found no case addressing this issue. However, section 932.703, Florida Statutes (1981), which provides for the forfeiture of motor vehicles used to transport, conceal, or facilitate the sale of contraband, in violation o…
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M. C. P. v. State, 276 So. 2d 538 (Fla. 3d DCA 1973)…pp.1964, 167 So. 2d 767; Bertone v. State, Fla.App.1969, 224 So. 2d 400; Stunson v. State, Fla.App.1969, 228 So. 2d 294; Zicca v. State, Fla.App.1970, 232 So. 2d 414; State v. Ruggles, Fla.App.1971, 245 So. 2d 692; Waterhouse v. State, Fla.App.1972, 256 So. 2d 397; State v. Gustafson, Fla.1972, 258 So. 2d 1; United States v. Pennington, 5th Cir. 1971, 441 F. 2d 249.…
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Wigfall v. State, 323 So. 2d 587 (Fla. 3d DCA 1975)…ehicle. This court has consistently, as in the case here, upheld the validity of an inventory of an automobile in connection with the impoundment' of the vehicle subsequent to the arrest of the driver. For example, Waterhouse v. State, Fla.App.1972, 256 So. 2d 397, and State v. Ruggles, Fla. App.1971, 245 So. 2d 692. Assuming arguendo that the ordinances of Dade County were not properly followed by Officer Leizze in impounding the vehicle, such impoundment occurred subsequent to appellant’s lawful arrest and…
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