JOHNSTON v. STATE

No. 4D99-3409.

768 So.2d 504 (2000)

Bryan JOHNSTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 11, 2000.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jennifer L. Brooks, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patrick W. Krechowski, Assistant Attorney General, Daytona Beach, for appellee.


SHAHOOD, J.

Appellant, Bryan Johnston, appeals his revocation of probation and judgment of conviction and sentence. Appellant alleges that (1) the marijuana found on his person was discovered as a result of a search incident to an unlawful arrest and (2) that the exclusionary rule barred the court's consideration of the marijuana at his probation revocation hearing. We disagree and affirm appellant's conviction and sentence holding the search to be lawful, and, that...

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