ALVAREZ v. STATE

No. 4-86-1687.

515 So.2d 286 (1987)

Juan ALVAREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied, Application of Question Denied, Stay Denied November 25, 1987.


Attorney(s) appearing for the Case

Oliver Addison Parker of Law Offices of Morton & Parker, Fort Lauderdale, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, Noel A. Pelella and Barry Weisman, Asst. Attys. Gen., West Palm Beach, for appellee.


ANSTEAD, Judge.

This is an appeal challenging the trial court's denial of a motion to suppress physical evidence. At issue is the legality of a search of personal luggage executed by the police after boarding a sleeping car of a passenger train about to depart, entering a private sleeping compartment and securing consent to search from the occupant. We reverse.

Juan Alvarez entered a plea of nolo contendere to the charge of trafficking in cocaine in an amount...

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