SCOTT v. STATE

No. DD-493.

350 So.2d 114 (1977)

MacGregor Paul SCOTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 20, 1977.


Attorney(s) appearing for the Case

Aaron A. Green, and David LaCroix, Gainesville, for appellant.

Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for appellee.


RAWLS, Acting Chief Judge.

"An incidental search should be, as the term implies, incidental to the arrest. The primary purpose should be to arrest and the search should be purely incidental to it. An exploratory search is one in which the search is primary and the arrest is used as a pretext to justify the search."1

A review of this record leads us to the inescapable conclusion that the search conducted subsequent to arresting...

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