CHAUNCEY v. STATE

No. 79-952.

382 So.2d 782 (1980)

Keith Colder CHAUNCEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 14, 1980.


Attorney(s) appearing for the Case

Philip G. Butler, Jr., of Foley, Colton & Butler, P.A., West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.


GLICKSTEIN, Judge.

Appellant was charged with possession of cocaine. Following denial of his motion to suppress, he pled no contest, reserving the right to appeal the trial court's ruling. Adjudication was withheld and appellant placed on probation for three years. Appellant contends that seizure of the cocaine from his shirt pocket was illegal because the frisk was not authorized by Section 901.151(5), Florida Statutes (1977). We agree and reverse.

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