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Strachan v. State

District Court of Appeal of Florida, Third District
Apr 30, 1991
578 So. 2d 511 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1866.

April 30, 1991.

Appeal from the Circuit Court, Dade County, Roy T. Gelber, J.

Glass Rastatter and Patrick C. Rastatter, Ft. Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and COPE, JJ.


Theodore Strachan appeals his conviction for trafficking in cocaine. He argues that the trial court should have granted his motion to suppress the cocaine and its wrappings. The defendant had left the cocaine outside his apartment, in an open area in which he had no expectation of privacy. The officer observed it, seized it, and properly obtained a search warrant for the apartment. The motion to suppress was correctly denied. See, e.g., State v. Nittolo, 317 So.2d 748, 749-50 (Fla.), cert. denied sub nom. Hover v. Florida, 423 U.S. 1036, 96 S.Ct. 572, 46 L.Ed.2d 411 (1975); State v. Oliver, 368 So.2d 1331, 1335 (Fla. 3d DCA 1979), cert. dismissed, 383 So.2d 1200 (Fla. 1980).

Affirmed.


Summaries of

Strachan v. State

District Court of Appeal of Florida, Third District
Apr 30, 1991
578 So. 2d 511 (Fla. Dist. Ct. App. 1991)
Case details for

Strachan v. State

Case Details

Full title:THEODORE STRACHAN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 30, 1991

Citations

578 So. 2d 511 (Fla. Dist. Ct. App. 1991)