Evans v. State
| Decision Date | 14 November 1978 |
| Docket Number | No. 78-454,78-454 |
| Citation | 364 So.2d 93 |
| Parties | Linda Louise EVANS, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael H. Blacker, North Miami Beach, for appellant.
Robert L. Shevin, Atty. Gen., and James H. Greason, Asst. Atty. Gen., for appellee.
Before PEARSON and HUBBART, JJ., and CHARLES CARROLL(Ret.), Associate Judge.
The appellant was charged by information with two counts of possession of a controlled substance, cocaine.Her tendered plea of nolo contendere to one count, with reservation of right of appeal from an order denying her motion to suppress, was accepted.No sentence was imposed.She was placed on probation for one year.The other count was nolle prossed.
Appellant argues that denial of her motion to suppress as evidence the cocaine found in her possession was error, contending the search upon which it was obtained was illegal.
A highway patrolman saw the appellant pull her car off the road and stop.He approached the vehicle, but was unable to gain her attention, although he observed that her eyes were open.The officer gained entry into the car.With the woman being unable to communicate, he examined her pocketbook to inspect her driver's license.Two other officers arrived.A Rescue Unit was summoned.A search was made for any identifying device which would delineate a medical disability that could account for her condition (under Section 901.215, Florida Statutes(1977)), and in doing so, there was revealed the substance for possession of which she was charged and prosecuted.
We reject as unsound the appellant's contention that such search was illegal.The search...
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State v. Atkinson
...surrounding the abandoned vessel in order to determine the boat's ownership and the safety of its mariners); Evans v. State, 364 So.2d 93, 94 (Fla.App.1978), cert. denied 373 So.2d 457 (Fla.1979) (highway patrolman who observed driver pull her car off road and stop but was unable to gain he......
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State v. Evans
...was seeking information explaining nature of the defendant's condition and the best means of treating it), and Evans v. State , 364 So.2d 93 (Fla. Dist. Ct. App. 1978) (holding officer lawfully searched purse for medical information that would account for driver's condition of being unable ......
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Ex parte Byrd
...and officer was seeking information explaining nature of the defendant's condition and the best means of treating it), and Evans v. State, 364 So.2d 93 Dist. Ct. App. 1978) (holding officer lawfully searched purse for medical information that would account for driver's condition of being un......
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Wooten v. State
...485 (Fla. 1st DCA 1974); Long v. State, 310 So.2d 35 (Fla. 2nd DCA 1975); Hornblower v. State, 351 So.2d 716 (Fla.1977); Evans v. State, 364 So.2d 93 (Fla. 3rd DCA 1978); Johnson v. State, 386 So.2d 302 (Fla. 5th DCA 1980). See also Grant v. State, 374 So.2d 630 (Fla. 3rd DCA 1979), a post-......