STATE v. HOWARD

No. 79-1338.

394 So.2d 440 (1981)

The STATE of Florida, Appellant, v. Jerry Lamon HOWARD, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 13, 1981.


Attorney(s) appearing for the Case

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

Mark Silverstein, Miami Beach, for appellee.

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


PER CURIAM.

The order under review which suppresses certain evidence in a criminal case below is reversed and the cause is remanded to the trial court for further proceedings upon a holding that: (1) the warrantless search of the defendant's tote bag by the police was reasonable within the meaning of the Fourth Amendment to the United States Constitution and Article I, Section 12 of the Florida Constitution as it was conducted pursuant to the defendant's free and...

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