ELLIS EDMOND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ELLIS EDMOND, APPELLANT,
STATE OF FLORIDA, APPELLEE
208 So. 2d 135
Florida District Court of Appeal, Fourth District (1968)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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…
Authorities Cited
- Gispert v. State, 118 So. 2d 596 (Fla. 2d DCA 1960)