STATE v. VANDERHORST

No. AK-45.

419 So.2d 762 (1982)

STATE of Florida, Appellant, v. Peter C. VANDERHORST, Appellee.

District Court of Appeal of Florida, First District.

September 22, 1982.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Barbara Ann Butler, Asst. Atty. Gen., Jacksonville, for appellant.

William J. Sheppard, Jacksonville, for appellee.


ERVIN, Judge.

The state appeals the trial court's order granting the defendant/appellee's motion to suppress narcotic contraband seized from a lunchbox on the floor of appellee's vehicle at the time of his arrest for driving while intoxicated. We affirm.

Appellee was arrested at 6:30 a.m. on December 1, 1981, at the scene of a minor one-car accident which occurred at approximately 4:00 a.m. when he swerved to avoid hitting a dog. As a result of appellee's...

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