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Driggers v. State

District Court of Appeal of Florida, Fourth District
Mar 8, 1989
538 So. 2d 515 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1062.

February 8, 1989. Rehearing Denied and Motion to Certify Question Denied March 8, 1989.

Appeal from the Circuit Court for Broward County; Mel Grossman, Judge.

Norliza Batts, Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Amy Lynn Diem, Asst. Atty. Gen., West Palm Beach, for appellee.


We find no error in the order of the trial court denying defendant's motion to suppress. The record supports the conclusion that the defendant consented to the search of his bag. He not only authorized the officers to look into the bag, but also to "feel around" inside it. One of the officers examined the bag and immediately felt the wrapped packages containing cocaine concealed in the defendant's sock. The testimony reflects that one end of the package was exposed so that the officer could see the drugs without unwrapping the package. We therefore need not consider defendant's argument that State v. Wells, 13 F.L.W. 686 (Fla. Dec. 1, 1988), should be applied to closed packages uncovered in a luggage search.

The judgment and sentence are affirmed.

GLICKSTEIN, WALDEN and STONE, JJ., concur.


Summaries of

Driggers v. State

District Court of Appeal of Florida, Fourth District
Mar 8, 1989
538 So. 2d 515 (Fla. Dist. Ct. App. 1989)
Case details for

Driggers v. State

Case Details

Full title:GARY LYNN DRIGGERS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 8, 1989

Citations

538 So. 2d 515 (Fla. Dist. Ct. App. 1989)