State v. Brooks

ANSTEAD, Judge,

specially concurring.

Although I agree that the search of ap-pellee’s luggage was improper under the United States Supreme Court’s holding in United States v. Chadwick, I am not as certain that this case is not in conflict with our recent decision in Stone v. State, 547 So.2d 158 (Fla. 4th DCA 1989), approving the search of a defendant’s luggage. Other than the defendant bolting from the scene and being caught a few blocks away, this case is indistinguishable from Stone. In Stone, as in this case, it was undisputed that the defendant’s luggage had already been seized by the…