STATE v. SMITH

No. 95-00545.

662 So.2d 725 (1995)

STATE of Florida, Appellant, v. Clifton T. SMITH, Appellee.

District Court of Appeal of Florida, Second District.

October 25, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Tonja R. Vickers, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Karen Kinney, Assistant Public Defender, Bartow, for Appellee.


LAZZARA, Judge.

The state appeals the trial court's order granting the appellee's motion to suppress contraband found in a black bag on the front seat of a parked automobile he had been driving following the arrest of the automobile's front-seat passenger. We conclude that the trial court erred in not applying the "straightforward rule" of New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), which governs...

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