Florida District Courts of Appeal, 1988

Pittman v. State

Pittman v. State
Florida District Courts of Appeal · Decided March 17, 1988 · Cowart, Dauksch, Sharp
522 So. 2d 86; 13 Fla. L. Weekly 702; 1988 Fla. App. LEXIS 1004; 1988 WL 21665 (Southern Reporter, Second Series)

Pittman v. State

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a conviction of possession of cocaine.

Although appellant filed a motion to suppress evidence, he neither alleged in his motion nor established in evidence at a hearing that anything was seized from him.

Even assuming appellant alleged and established that something was seized from him, he neither alleged nor established in evidence that it was done in contravention of any constitutional rights. From a reading of the police report found in the record on appeal, but not in evidence for consideration by the trial court or this court, it is possible that the search and seizure was not constitutionally proper. But, just as the trial court was bound to deny the motion based upon the allegations and the evidence at the hearing, we are also bound to affirm.

AFFIRMED.

SHARP, C.J., and COWART, J., concur.

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