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Kelly v. StateKelly v. State

District Court of Appeal of Florida
Nov 5, 1975
No. Y-101
Versions:321 So. 2d 98
1975 Fla. App. LEXIS 15520
SMITH, Judge.

On this appeal from a judgment of conviction for possession of a controlled substance, we have considered appellant’s assertion that the traffic arrest to which the search was incident was a pretext for the search, in the sense described and condemned in State v. Holmes, 256 So.2d 32 (Fla.App.2nd, 1972), cert. disch., 273 So.2d 753 (Fla.1973), and consequently that the *99search of appellant s person and the seizure of the controlled substance were unreasonable by constitutional standards. We find that appellant’s custodial arrest for driving without a license was lawful and without pretext. The search was therefore proper. Gustafson v. Florida, 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973).

Affirmed.

RAWLS, Acting C. J., and MILLS, J., concur.

Case Details

Case Name: Kelly v. State
Court Name: District Court of Appeal of Florida
Date Published: Nov 5, 1975
Citations: 321 So. 2d 98; 1975 Fla. App. LEXIS 15520; No. Y-101
Docket Number: No. Y-101
Court Abbreviation: Fla. Dist. Ct. App.
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