STATE v. ALLENDE

No. 3D01-273.

791 So.2d 589 (2001)

The STATE of Florida, Appellant, v. Jose ALLENDE, Appellee.

District Court of Appeal of Florida, Third District.

August 15, 2001.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Michael J. Neimand (Fort Lauderdale), Assistant Attorney General, for appellant.

Alvarez & Garcia-Montes and Gustavo J. Garcia-Montes, Miami, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and FLETCHER, JJ.


SCHWARTZ, Chief Judge.

While the defendant was searching in the glove compartment for his registration after a concededly valid traffic stop for driving with an expired tag, Officer Fernandez, as he said he did in every such instance, asked Allende if he had any weapons in the car. Without further prompting, Allende said he had a gun "behind the passenger seat." The officer secured the weapon, a fully loaded handgun with thirteen rounds in the magazine and two additional...

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