Opinion
No. 1350.
March 18, 1968.
Appeal from the Criminal Court of Record, Palm Beach County, J. Cail Lee, J.
Walter N. Colbath, Jr., Public Defender, and John R. Young, Sp. Asst. Public Defender, West Palm Beach, for appellant.
Earl Faircloth, Atty. Gen., Tallahassee, and Fred T. Gallagher, Asst. Atty. Gen., Vero Beach, for appellee.
After a defendant has been stopped for the violation of a traffic regulation at 4 A.M. and does not have a driver's permit, and he tells the officer that the car is borrowed from a friend in Miami (over sixty miles away), but only gives his friend's name as "Harry" and the officer observes a crowbar and screwdriver protruding from under the front seat and a radio with store tag on the back seat with the aid of a flashlight shined through the glass windows of the car, he has sufficient probable cause to make a thorough search of the automobile after arrest for the traffic violation and failure to produce a driver's permit. Affirmed on authority of Gispert v. State, Fla.App. 1960, 118 So.2d 596.
Affirmed.
WALDEN, C.J., and REED, J., concur.