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525 So. 2d 516

525 So.2d 516

13 Fla.L.Weekly 1311

State v. Frederick

District Court of Appeal of Florida · decided 1988-06-01

Cited by 2 later decisions — most recently March 1992

2 state decisions

Relies on 403 So. 2d 349 - Ensor v. State · 506 So. 2d 495 - Brockington v. State · 503 So. 2d 356 - Esteen v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-06-01

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PER CURIAM.

¶1We reverse the trial court’s order granting a motion to suppress evidence (a .357 magnum revolver). The stop of appellee’s automobile by a Florida Highway Patrol trooper was made because the vehicle was traveling at varying rates of speed, was drifting from one edge of the lane of traffic to the opposite edge and eventually crossed into the passing lane. The trooper testified that his observations of these phenomena indicated that the driver may have been dozing off, not paying attention, may have been drinking, or that there was some mechanical difficulty with the automobile. Such a stop is legally permissible. See Esteen, v. State, 503 So.2d 356 (Fla. 5th DCA 1987). See also and compare State v. Carillo, 506 So.2d 495 (Fla. 5th DCA 1987).

¶2Having lawfully stopped the vehicle, the officer was justified in seizing a weapon in plain view for his own safety. Ensor v. State, 403 So.2d 349 (Fla.1981).

¶3No other objections to the stop or seizure having been preserved for appeal, we reverse and remand for further appropriate proceedings.

¶4REVERSED AND REMANDED.

HERSEY, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.
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