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STATE v. GRANT

No. 98-2359.

732 So.2d 513 (1999)

STATE of Florida, Appellant, v. Matthew GRANT, Appellee.

District Court of Appeal of Florida, Fourth District.

June 2, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellant.

James O. Walker, III, Fort Lauderdale, for appellee.

FARMER, J.

We affirm the trial court's suppression of evidence. The facts believed by the trial court show that defendant had not been a recent occupant of the automobile searched without a warrant, at least not recently enough within the holding in New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981) (when officer makes lawful custodial arrest of automobile occupants he may, incident to arrest, search passenger...

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