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SLONE v. STATE

No. 4D04-494.

902 So.2d 852 (2005)

William SLONE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 14, 2005.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and John M. Conway, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.

KLEIN, J.

The issue in this case is whether the police can search an arrestee's nearby car when they do not know if he had just left the vehicle. In Thomas v. State, 761 So.2d 1010 (Fla.1999), the Florida Supreme Court held that where a person arrested outside of a vehicle had not exited the vehicle at the request of law enforcement, and neither officer safety nor preservation of evidence was involved, a search violated the...

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