Florida District Courts of Appeal, 1981

Nielsen v. State

Nielsen v. State
Florida District Courts of Appeal · Decided February 17, 1981 · Baskin, Hubbart, Schwartz
393 So. 2d 1188; 1981 Fla. App. LEXIS 19492 (Southern Reporter, Second Series)

Nielsen v. State

Opinion of the Court

BASKIN, Judge.

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.

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