STATE OF FLORIDA, APPELLANT,
v.
DANA CRAIG GALLOWAY, APPELLEE
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Florida reversed the trial court's suppression of marijuana found during an inventory search of the defendant's impounded vehicle, holding that a valid arrest for a traffic violation provided authority to conduct the inventory search.
A valid arrest for a traffic violation provides authority to conduct an inventory search of an impounded vehicle.
[1] A valid arrest for a traffic violation provides authority to conduct an inventory search of an impounded vehicle without violating the Fourth Amendment.
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Join FLexlaw to unlock all legal intelligenceThe defendant was arrested for a traffic violation requiring bond. While in custody, the arresting officer had the vehicle towed and conducted an inve…
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The state brings this interlocutory appeal in a narcotics possession case following the trial court’s granting of a defense motion to suppress evidence found during the inventory search of appellee’s automobile. The search was one step in a continuum of events that included appellee’s arrest for a traffic violation of a character which required the posting of a bond. When the appellee was in custody following his arrest the arresting officer requested a wrecker to remove appellee’s vehicle from the roadside. Before impounding the vehicle the officer made an inventory search of the car *54which revealed a bag of marijuana and appellee was charged with its possession.
The officer had a valid basis upon which to make the arrest and this gave him the authority to conduct the inventory search. State v. Ruggles, Fla.App.1971, 245 So.2d 692. We reverse the trial court’s ruling that the marijuana was obtained as a result of an illegal search and seizure on the authority of Godbee v. State, Fla.App.1969, 224 So.2d 441; Knight v. State, Fla.App.1968, 212 So.2d 900; Gagnon v. State, Fla.App.1968, 212 So.2d 337; United States v. Pennington (5th Cir. 1971), 441 F.2d 249. Whereupon the order appealed from is reversed and the case is remanded for further proceedings.
Reversed and remanded.
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Citator
Cited By
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Fredric Winton Altman v. State, 335 So. 2d 626 (Fla. 2d DCA 1976)….3d 537 on Lawfulness of “Inventory Search’ ■ of Motor Vehicle Impounded by Police. . Florida courts have also upheld inventory searches in the following cases: Gullo v. State, Fla.App.4th, 1973, 280 So. 2d 501; State v. Galloway, Fla.App.3d, 1972, 266 So. 2d 53; State v. Ruggles, Fla.App.3d, 1971, 245 So. 2d 692; Knight v. State, Fla.App.3d, 1968, 212 So. 2d 900; Gagnon v. State, Fla.App.3d, 1968, 212 So. 2d 337; Roush v. State, Fla.App.3d, 1967, 203 So. 2d 632; Jackson v. State, Fla.App.3d, 1966, 192 So.…
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Morrell v. State, 287 So. 2d 706 (Fla. 1st DCA 1974)…PER CURIAM. Affirmed on authority of State v. Cash, 275 So. 2d 605 (Fla.App.1973); State v. [*707] Galloway, 266 So. 2d 53 (Fla.App.1972); and State v. Gustafson, 258 So. 2d 1 (Fla.1972). WIGGINTON, Acting C. J. (Retired); and SPECTOR and BOYER, JJ., concur.…
Authorities Cited
- Adler v. Copa Corp., 212 So. 2d 337 (Fla. 3d DCA 1968)
- Felda Douglas Godbee v. State, 224 So. 2d 441 (Fla. 2d DCA 1969)
- United States v. Pennington, 441 F.2d 249 (5th Cir. 1971)
- Knight v. State, 212 So. 2d 900 (Fla. 3d DCA 1968)
- Worthern v. State, 245 So. 2d 692 (Fla. 1st DCA 1971)
- State v. Ruggles, 245 So. 2d 692 (Fla. 3d DCA 1971)