STITELY v. STATE

No. 78-408.

368 So.2d 937 (1979)

James STITELY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 12, 1979.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Kurt Marmar, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., and Clifford Miller, Legal Intern, for appellee.

Before HENDRY and SCHWARTZ, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


PER CURIAM.

Affirmed.

SCHWARTZ, Judge (dissenting).

The appellant Stitely was a passenger on a motorcycle which was stopped for a minor traffic violation by officer McClain of the Public Safety Department. As McClain approached, Stitely placed an object, which he had been previously holding in his cupped right hand, down the front of his pants. After asking the defendant what was in his waistband, McClain ordered him to spread eagle against the police...

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