Florida District Courts of Appeal, 1991

Myrick v. State

Myrick v. State
Florida District Courts of Appeal · Decided April 8, 1991 · Booth, Wolf, Zehmer
577 So. 2d 688; 1991 Fla. App. LEXIS 3066; 1991 WL 46841 (Southern Reporter, Second Series)

Myrick v. State

Dissenting Opinion

BOOTH, Judge,

dissenting.

I would affirm the judgment of conviction and sentence. The search is valid under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).

Opinion of the Court

WOLF, Judge.

Myrick appeals from a judgment and sentence for possession of crack cocaine with intent to sell. Appellant entered a plea of nolo contendere, expressly reserving his right to appeal the trial court’s order denying his motion to suppress evidence discovered during a search of appellant’s person. We find the search of the appellant to he invalid and reverse.

Myrick was searched after he knocked on the door of a motel room which was being searched by the police pursuant to a warrant. At the time of the search, the police had no evidence which connected appellant with the contents or occupants of the room.

We find that the facts of this case are indistinguishable from Knight v. State, 566 So.2d 8 (Fla. 1st DCA 1990) and, therefore, reverse and remand with directions to suppress the evidence.

ZEHMER, J., concurs. BOOTH, J., dissents with opinion.

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