Public-domain · open source
OpenJurist

191 So. 2d 607

Green v. State

District Court of Appeal of Florida

Decided October 18, 1966

District Court of Appeal of Florida · decided 1966-10-18

Cited by 2 later decisions — most recently February 1971

2 state decisions

Relies on Longo v. State · Johnson v. State · 46 So. 2d 479 - Brown v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1966-10-18

View the full empirical analysis of this case →

PER CURIAM.

¶1On consideration of this appeal from a judgment of conviction of the appellant for the crime of aggravated assault, no reversible error has been made to appear, and we affirm.

¶2Appellant’s sole contention is that the trial court committed error in denying his motion to suppress evidence obtained on a ■search, made without a warrant, which it is claimed was illegal.

¶3A Metropolitan-Dade County police officer made a lawful arrest of appellant for the said offense. When arrested, appellant was on the deck of a moored boat owned by him, and in which he lived. The officer handcuffed the appellant and removed him from the boat to an adj acent dock where he was placed under the guard of another officer.

¶4The arresting officer then returned to the vessel and proceeded to search it, and certain evidence relevant to the crime charged was found thereon.

¶5In the circumstances shown the search of the boat for the fruits and instruments of the crime and for weapons was incidental to the lawful arrest and was not unreasonable. See Longo v. State, 157 Fla. 688, 26 So.2d 818; Brown v. State, Fla.1950, 46 So.2d 479, 481.

¶6The argument of appellant that the search was not incidental to the arrest and was remote because made after the defendant had been removed from the boat to the dock by the arresting officer, is not supported by any cited authority so holding, and in our opinion is lacking in merit.

¶7Affirmed.

/191/so2d/607 · .json · Public domain