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State v. Torres

District Court of Appeal of Florida, Fourth District
Jul 28, 1988
527 So. 2d 958 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2237.

July 6, 1988. Rehearing Denied July 28, 1988.

Appeal of a non-final order from the Circuit Court for Broward County; Patti E. Henning, Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert S. Jaegers, Asst. Atty. Gen., West Palm Beach, for appellant.

William H. Thomas, Miami, and Ira N. Loewy of Bierman, Shohat Loewy, P.A., Miami, for appellee.


We reverse the trial court's order granting the motion to suppress. In the instant case, the search of appellee's vehicle was incident to a lawful arrest and thus, satisfied the fourth amendment's requirements of reasonableness. United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973); New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768, reh'g denied, 453 U.S. 950, 102 S.Ct. 26, 69 L.Ed.2d 1036 (1981).

REVERSED AND REMANDED.

GLICKSTEIN, DELL and GUNTHER, JJ., concur.


Summaries of

State v. Torres

District Court of Appeal of Florida, Fourth District
Jul 28, 1988
527 So. 2d 958 (Fla. Dist. Ct. App. 1988)
Case details for

State v. Torres

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. MIGUEL DEJESUS TORRES, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 28, 1988

Citations

527 So. 2d 958 (Fla. Dist. Ct. App. 1988)