State v. Gary

SCHWARTZ, Chief Judge.

The search of the defendant’s handbag which yielded narcotics cannot be sustained under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), as the state argues, because the officers in question unjustifiably went into the purse without first conducting a prior external pat-down for weapons, which is required (and would have revealed that she was not carrying a firearm as the police supposedly feared). J.R.H. v. State, 428 So.2d 786 (Fla. 2d DCA 1983); Jamison v. State, 455 So.2d 1112 (Fla. 4th DCA 1984); Fraley v. State, 374 So.2d 1122 (Fla. 4th DCA 1979);…