COUNCIL v. STATE

No. 83-157.

442 So.2d 1072 (1983)

Joe COUNCIL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 20, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and DANIEL S. PEARSON, JJ.


SCHWARTZ, Chief Judge.

In broad daylight, Council took from a mailbox some all-white capsules which appeared to the experienced officer who was watching him to contain "suspect cocaine;" he put them in a towel which he "stuck down in his pants;" and then told the policeman that he had "nothing in the towel." We agree with the trial court that his conduct established probable cause for the officer to believe that the defendant was in possession of a controlled substance...

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