Florida District Courts of Appeal, 1997

State v. Savino

Florida District Courts of Appeal · Decided January 29, 1997 · Farmer, Gross, Warner

686 So. 2d 811; 1997 Fla. App. LEXIS 304; 1997 WL 31009 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Hilton v. State (Fla. Dist. Ct. App. 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

AFFIRMED.

*812FARMER and GROSS, JJ., concur. WARNER, J., dissents with opinion.

Dissenting Opinion

WARNER, Judge,

dissenting.

Based on Whren v. United States, — U.S. -, 116 S.Ct. 1769,135 L.Ed.2d 89 (1996), I would hold that the officer had probable cause to stop appellees’ vehicle for a violation of section 316.610, Florida Statutes (1995), due to its cracked windshield. The officer testified that it would be difficult to see through a “spider” crack along the windshield, and that condition could be hazardous to other vehicles on the road.

I would reverse the order granting the motion to suppress evidence seized in plain view as a result of the stop.

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