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STATE v. VALDES

No. 82-398.

423 So.2d 944 (1982)

The STATE of Florida, Appellant, v. Julio VALDES, a/K/a Julio Valdez, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 12, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Penny H. Hershoff, Asst. Atty. Gen., for appellant.

John M. MacDaniel, Miami, for appellee.

Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.

DANIEL S. PEARSON, Judge.

This is the State's appeal from a trial court order suppressing a firearm seized from Valdes's automobile. The defendant was lawfully arrested for driving under the influence of an intoxicating liquor. He was removed from his vehicle, searched and placed in the back seat of the nearby police cruiser, and the passenger compartment of his vehicle searched. Two or three minutes elapsed from the time the vehicle was stopped to the time the firearm...

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