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STATE v. GARY

No. 84-1442.

466 So.2d 1199 (1985)

The STATE of Florida, Appellant, v. Deborah GARY, Appellee.

District Court of Appeal of Florida, Third District.

April 9, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Julia S. Thornton, Asst. Atty. Gen., for appellant.

Robert L. McKinney, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.

SCHWARTZ, Chief Judge.

The search of the defendant's handbag which yielded narcotics cannot be sustained under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), as the state argues, because the officers in question unjustifiably went into the purse without first conducting a prior external pat-down for weapons, which is required (and would have revealed that she was not carrying a firearm as the police supposedly...

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