From Casetext: Smarter Legal Research

State v. Nieman

District Court of Appeal of Florida, Fourth District
Apr 11, 1974
292 So. 2d 610 (Fla. Dist. Ct. App. 1974)

Opinion

No. 74-94.

April 11, 1974.

Appeal from the Circuit Court for Broward County, Frank A. Orlando, J.

Philip S. Shailer, State's Atty., and Jon H. Gutmacher, Asst. State's Atty., Fort Lauderdale, for appellant.

Joseph A. Varon of Varon, Stahl Kay, Hollywood, for appellees.


The State appeals an order suppressing certain tangible evidence seized following a warrantless search of an automobile which had been driven by appellee-Nieman. We conclude that on the basis of the information then known to the officers conducting the search, coupled with the surrounding circumstances, the officers had probable cause to believe that the automobile contained contraband and thus the search was not illegal. Carroll v. United States, 1925, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543; State v. Miller, Fla.App. 1972, 267 So.2d 352; State v. Sanders, Fla.App. 1970, 239 So.2d 120.

The order granting the motion to suppress is reversed and this cause remanded for further proceedings.

OWEN, C.J., and WALDEN and DOWNEY, JJ., concur.


Summaries of

State v. Nieman

District Court of Appeal of Florida, Fourth District
Apr 11, 1974
292 So. 2d 610 (Fla. Dist. Ct. App. 1974)
Case details for

State v. Nieman

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. LAWRENCE THOMAS NIEMAN AND THEODORE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 11, 1974

Citations

292 So. 2d 610 (Fla. Dist. Ct. App. 1974)