Opinion
No. 79-1051.
February 17, 1981.
Appeal from the Circuit Court, Dade County, Ellen Morphonios Gable, J.
Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.
Before HUBBART, C.J., and SCHWARTZ and BASKIN, JJ.
We affirm the trial court's denial of defendant's motion to suppress cocaine seized without a warrant. Appellant clearly appeared to be drunk when he entered his car and fumbled for his keys. The circumstances afforded the officer approaching the car a plain view of the contraband, State v. Ruiz, 360 So.2d 1320 (Fla. 2d DCA 1978), and probable cause to arrest. Smith v. State, 363 So.2d 21 (Fla. 3d DCA 1978); State v. Harris, 281 So.2d 405 (Fla. 4th DCA 1973).
Affirmed.