BROWN v. STATE

No. 77-95.

358 So.2d 596 (1978)

Peter Horace BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 12, 1978.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and David S. Bergdoll, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee and William I. Munsey, Jr. and Mary Jo Gallay, Asst. Attys. Gen., Tampa, for appellee.


HOBSON, Acting Chief Judge.

In this appeal we are presented with the issue of whether the legal removal of suspects from an automobile renders illegal a protective search which would have been proper had the suspects remained in the vehicle. Under the circumstances and reasoning enunciated below we hold this to be a valid protective search.

Based upon the testimony elicited at the hearing on the motion to suppress, the trial court was entitled to find the...

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