STATE v. JAMES

No. 87-1388.

526 So.2d 188 (1988)

The STATE of Florida, Appellant, v. Earnest JAMES, Appellee.

District Court of Appeal of Florida, Third District.

June 7, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Richard L. Kaplan, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal and Elliot H. Scherker, Asst. Public Defenders, for appellee.

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


DANIEL S. PEARSON, Judge.

The State appeals an order granting the defendant's motion to suppress cocaine found in a paper bag behind the gas tank flap of the defendant's car immediately before his arrest and a firearm and money taken from the defendant's person immediately following his arrest. Finding both searches to be lawful as incident to a valid arrest,1 we reverse.

The search of the paper bag came about in the following...

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