State v. Valdes
Decision Date | 23 November 1982 |
Docket Number | No. 82-398,82-398 |
Parties | The STATE of Florida, Appellant, v. Julio VALDES, a/k/a Julio Valdez, Appellee. |
Court | Florida District Court of Appeals |
Jim Smith, Atty. Gen., and Penny H. Hershoff, Asst. Atty. Gen., for appellant.
John M. MacDaniel, Miami, for appellee.
Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.
This is the State's appeal from a trial court order suppressing a firearm seized from Valdes's automobile. The defendant was lawfully arrested for driving under the influence of an intoxicating liquor. He was removed from his vehicle, searched and placed in the back seat of the nearby police cruiser, and the passenger compartment of his vehicle searched. Two or three minutes elapsed from the time the vehicle was stopped to the time the firearm was found therein.
We reverse the order under review upon a holding that (1) the search of the passenger compartment of the vehicle, and the examination of the contents of any containers found therein, were justified as contemporaneous incidents of the lawful custodial arrest of the defendant, a recent occupant of the vehicle, notwithstanding the defendant's removal therefrom, New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); State v. Allen, 407 So.2d 369 (Fla. 2d DCA 1981); Chapas v. State, 404 So.2d 1102 (Fla. 2d DCA 1981); and (2) contrary to the trial court's belief, the validity of the search as incident to the arrest is unaffected by the fact that the police officers classified their actions as an inventory search, cf. Thomas v. State, 395 So.2d 280 (Fla. 3d DCA 1981) ( ).
Reversed and remanded.
To continue reading
Request your trial-
State v. Badgett
...even though defendant outside car and handcuffed); Traylor v. State, 458 A.2d 1170 (Del.1983) (defendant in handcuffs); State v. Valdes, 423 So.2d 944 (Fla.App.1982) (defendant seated in police car); State v. Hopkins, 163 Ga.App. 141, 293 S.E.2d 529 (1982) (defendant seated in police car); ......
-
People v. Branner, C059288.
...978 [67 Ill.Dec. 598, 444 N.E.2d 834]; State v. Cooper (1982) 304 N.C. 701 ; State v. Winston (1982) 170 W.Va. 555 ; State v. Valdes (Fla.Dist.Ct.App. 1982) 423 So.2d 944; State v. Hopkins (1982) 163 Ga.App. 141 Consequently, this "reading of Belton ha[d] been widely taught in police academ......
-
State v. Garcia
...defendant outside car and handcuffed); Traylor v. State, 458 A.2d 1170, 1173 (Del.1983) (defendant in handcuffs); State v. Valdes, 423 So.2d 944, 944 (Fla.App.1982) (defendant seated in police car); State v. Hopkins, 163 Ga.App. 141, 141, 293 S.E.2d 529 (1982) (defendant seated in police 7.......
-
Sommer v. State
...to arrest. The fact that the search has been justified as an inventory search does not affect the validity of it. State v. Valdes, 423 So.2d 944 (Fla. 3d DCA 1982). The officer lawfully arrested appellant under the Ft. Lauderdale warrant and appellant was an occupant of the vehicle when he ......