SIZEMORE v. STATE

No. 79-940.

390 So.2d 401 (1980)

Jeffrey Collins SIZEMORE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 12, 1980.


Attorney(s) appearing for the Case

Rex Ryland, Jr., Coconut Grove, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before HUBBART, C.J., and NESBITT and DANIEL S. PEARSON, JJ.


NESBITT, Judge.

The issue presented on appeal is whether the consent given by Sizemore, defendant below, which allowed police officers to have a trained narcotics dog sniff his briefcase, was valid and therefore established the probable cause necessary to obtain a warrant to search the briefcase. We hold that the trial court properly refused to suppress the evidence upon its finding that the defendant did validly consent and affirm the conviction.

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