B.C. v. State

Full title: B.C., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 8, 1984

449 So. 2d 955 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1352.

May 8, 1984.

Appeal from the Circuit Court, Dade County, Adele Segall Faske, J.

Bennett H. Brummer, Public Defender, and Karen M. Gottlieb, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and G. Bart Billbrough, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.

PER CURIAM.

The finding of delinquency and disposition under review is affirmed upon a holding that the trial court properly denied the juvenile's pretrial motion to suppress the cannabis seized by police from the juvenile's person because: (a) the arresting officer properly stopped the automobile in which the juvenile was riding based on a reasonable belief that the juvenile and his companions were absent from school without authorization, § 39.401(1)(e), Fla. Stat. (1983), (b) the juvenile and his companions were thereupon properly ordered out of the automobile by the arresting officer, Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977); and (c) the cannabis was thereafter properly seized by the arresting officer as it was observed in plain sight in a clear plastic bag in the front pocket area of the juvenile's jacket. Neary v. State, 384 So.2d 881, 884 (Fla. 1980); Gibson v. State, 368 So.2d 667 (Fla. 3d DCA 1979).

Affirmed.