State v. Deen

GOSHORN, Judge.

The State of Florida appeals the order of the trial court suppressing the marijuana found in an automobile which Lewis was driving and in which Deen was a passenger. A review of the undisputed testimony presented at the suppression hearing shows that the police seized the marijuana as the result of a valid search incident to the lawful arrest of Lewis. See New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); Gustafson v. Florida, 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973); United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973);…