From Casetext: Smarter Legal Research

Nielsen v. State

District Court of Appeal of Florida, Third District
Feb 17, 1981
393 So. 2d 1188 (Fla. Dist. Ct. App. 1981)

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.


Summaries of

Nielsen v. State

District Court of Appeal of Florida, Third District
Feb 17, 1981
393 So. 2d 1188 (Fla. Dist. Ct. App. 1981)
Case details for

Nielsen v. State

Case Details

Full title:JAMES M. NIELSEN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 17, 1981

Citations

393 So. 2d 1188 (Fla. Dist. Ct. App. 1981)