Florida District Courts of Appeal, 1989

Murphy v. State

Murphy v. State
Florida District Courts of Appeal · Decided September 12, 1989 · Cope, Gersten, Nesbitt
548 So. 2d 845; 14 Fla. L. Weekly 2145; 1989 Fla. App. LEXIS 5016; 1989 WL 104045 (Southern Reporter, Second Series)

Murphy v. State

Opinion of the Court

PER CURIAM.

Defendant has appealed denial of his motion to suppress evidence obtained from an allegedly unlawful pat-down search. Defendant pled nolo contendere to the substantive charges against him while reserving the right to appeal denial of the motion to suppress. We conclude that the case is controlled by Russell v. State, 415 So.2d 797 (Fla. 3d DCA 1982), review denied, 427 So.2d 737 (Fla. 1983), and affirm. See also 3 W. LaFave, Search and Seizure § 9.4(a) (1987).

Affirmed.

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