Florida District Courts of Appeal, 1975

Kelly v. State

Florida District Courts of Appeal · Decided November 5, 1975 · Mills, Rawls, Smith

321 So. 2d 98; 1975 Fla. App. LEXIS 15520 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Welch v. State (Fla. Dist. Ct. App. 1999)
Wilhelm v. State (Fla. Dist. Ct. App. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SMITH, Judge.

On this appeal from a judgment of conviction for possession of a controlled substance, we have considered appellant’s assertion that the traffic arrest to which the search was incident was a pretext for the search, in the sense described and condemned in State v. Holmes, 256 So.2d 32 (Fla.App.2nd, 1972), cert. disch., 273 So.2d 753 (Fla. 1973), and consequently that the *99search of appellant s person and the seizure of the controlled substance were unreasonable by constitutional standards. We find that appellant’s custodial arrest for driving without a license was lawful and without pretext. The search was therefore proper. Gustafson v. Florida, 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973).

Affirmed.

RAWLS, Acting C. J., and MILLS, J., concur.

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