Opinion
No. 92-3388.
July 7, 1993.
Appeal from the Circuit Court for Broward County; Howard M. Zeidwig, Judge.
Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for appellee.
AFFIRMED.
DELL, C.J., and GLICKSTEIN, J., concur.
ANSTEAD, J., dissents with opinion.
I would reverse and hold that a police officer had no lawful authority to enter the driveway of a private residence with his gun drawn and seize a person, after observing the person remove an object completely obscured and wrapped in a towel from the front seat of a vehicle, just because the officer suspected the wrapped object was a weapon. Cf. Brown v. State, 18 Fla. L. Weekly D1231, D1233, 1993 WL 152499 (Fla. 4th DCA May 12, 1993) (Letts, J., specially concurring).