State v. Harrington
District Court of Appeal of Florida
1Per curiam
We reverse the trial court’s order granting a motion to suppress physical evidence. Contrary to the trial court’s findings, the record supports that the traffic stop was valid and not merely a pretext to search the vehicle. Subsequent to the search, appellee was placed under arrest for driving under the influence, though it is of no legal consequence whether the search occurred before or after the arrest. See State v. Smith, 529 So.2d 1226 (Fla. 3d DCA 1988). Furthermore, it is not legally relevant that the arresting officers failed to offer an alternative to impoundment. Robinson v. State,…
2Cases cited4 opinions
- State v. SmithDistrict Court of Appeal of Florida · 1988
- Robinson v. StateSupreme Court of Florida · 1989
- State v. BlancoDistrict Court of Appeal of Florida · 1987
- State v. ScottDistrict Court of Appeal of Florida · 1991