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423 So. 2d 944

Docket No. 82-398.

State v. Valdes

The STATE of Florida, Appellant, v. Julio VALDES, a/K/a Julio Valdez, Appellee.

District Court of Appeal of Florida

Decided November 23, 1982.

Rehearing Denied January 12, 1983.

District Court of Appeal of Florida · decided 1982-11-23

Key passage — most relied on by later courts

“the validity of the search as incident to the arrest is unaffected by the fact that the police officers classified their actions as an inventory search.”

quoted by 2 later decisions, including Padron v. State, 425 So. 2d 644 - State v. Padron

“Where, by objective standards, probable cause to arrest for a certain offense exists, the validity of an arrest does not turn on the fact that an arrest was effected on another charge.”

quoted by 1 later decision, including 562 So. 2d 705 - State v. Gonzalez

Relies on New York v. Belton · Thomas v. State · 404 So. 2d 1102 - Chapas v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-11-23

How this case has been cited

Cited by 26 later decisions — most recently January 2010 · most notably State v. Badgett (1986), 225 Cal. App. 3d 498 - People v. Hunt (1990)

26 state decisions

1701982199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Jim Smith, Atty. Gen., and Penny H. Hershoff, Asst. Atty. Gen., for appellant.

¶2John M. MacDaniel, Miami, for appellee.

¶3Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.

¶4DANIEL S. PEARSON, Judge.

¶5This is the State's appeal from a trial court order suppressing a firearm seized from Valdes's automobile. The defendant was lawfully arrested for driving under the influence of an intoxicating liquor. He was removed from his vehicle, searched and placed in the back seat of the nearby police cruiser, and the passenger compartment of his vehicle searched. Two or three minutes elapsed from the time the vehicle was stopped to the time the firearm was found therein.

¶6We reverse the order under review upon a holding that (1) the search of the passenger compartment of the vehicle, and the examination of the contents of any containers found therein, were justified as contemporaneous incidents of the lawful custodial arrest of the defendant, a recent occupant of the vehicle, notwithstanding the defendant's removal therefrom, New York v. Belton,453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); State v. Allen,407 So.2d 369 (Fla. 2d DCA 1981); Chapas v. State,404 So.2d 1102 (Fla. 2d DCA 1981); and (2) contrary to the trial court's belief, the validity of the search as incident to the arrest is unaffected by the fact that the police officers classified their actions as an inventory search, cf. Thomas v. State,395 So.2d 280 (Fla. 3d DCA 1981) (where, by objective standards, probable cause to arrest for a certain offense exists, the validity of an arrest does not turn on the fact that an arguably unsupportable arrest was made on another charge).

¶7Reversed and remanded.

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