midpage

Acosta v. StateAcosta v. State

District Court of Appeal of Florida
May 24, 1983
81-2511
Versions:431 So. 2d 715

PER CURIAM.

The final judgment of conviction and sentence is affirmed upon a holding that: (a) there was probable cause for the defendant‘s arrest based on all the facts and circumstances known to the arresting officer, see e.g., State v. Outten, 206 So.2d 392, 397 (Fla. 1968); Skelton v. State, 349 So.2d 193, 194 (Fla. 3d DCA 1977); (b) the search of the passenger compartment of the car which the defendant was driving was reasonably incident to effecting the arrest of the defendant, see e.g., New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), even though the search preceded the arrest, as the search was conducted at a time when there was probable cause for the arrest, see e.g., Dixon v. State, 343 So.2d 1345 (Fla. 2d DCA 1977), and (c) the trial court was therefore eminently correct in denying the motion to suppress the fruits of the subject search. See e.g., McNamara v. State, 357 So.2d 410, 412 (Fla. 1978).

Affirmed.

Case Details

Case Name: Acosta v. State
Court Name: District Court of Appeal of Florida
Date Published: May 24, 1983
Citations: 431 So. 2d 715; 81-2511
Docket Number: 81-2511
Court Abbreviation: Fla. Dist. Ct. App.
Log In