Legal Opinion · Concurring in the judgment

Cox v. State

District Court of Appeal of Florida

Decided October 17, 2011No. 1D10-2104Published

1Concurring in the judgmentBenton, C.J.

The appellant was arrested, while driving an automobile, pursuant to a warrant the validity of which has not been called into question. Even if such a search would now be invalid under Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009), we have held that the evidence should not be excluded. See State v. Harris, 58 So.3d 408, 409 (Fla. 1st DCA), review granted, Harris v. State, 61 So.3d 410 (Fla.2011).

2Cases cited3 opinions

  1. Arizona v. GantSupreme Court of the United States · 2009
  2. Curry v. StateSupreme Court of Florida · 2011
  3. State v. HarrisDistrict Court of Appeal of Florida · 2011