Felix v. State
Felix v. State
566 So. 2d 342; 1990 Fla. App. LEXIS 6568; 1990 WL 126174
(Southern Reporter, Second Series)
Felix v. State
Opinion of the Court
We affirm the conviction of Donald Felix for possession of cocaine, a third-degree felony. We write only to note that the officer exceeded the scope of a pat-down when he turned Felix’s pockets inside out and found one piece of rock cocaine. See Walker v. State, 514 So.2d 1149, 1151 (Fla. 2d DCA 1987). Although that one rock of cocaine should have been suppressed, the trial court’s denial of the motion to suppress as to that rock was harmless error because the officer seized three other rocks of cocaine which were in the officer’s plain view during the course of a lawful intrusion. As to those rocks, the denial of the motion to suppress was proper.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.