Opinion
No. 82-1238.
March 8, 1983. Rehearing Denied April 13, 1983.
Appeal from the Circuit Court, Dade County, Murray Goldman, J.
Jim Smith, Atty. Gen., and Paul Mendelson and William Thomas, Asst. Attys. Gen., for appellant.
Bennett H. Brummer, Public Defender, and Robin H. Greene, Asst. Public Defender for Herbert Lee Tuff and Akhtar Hussain, Sp. Asst. Public Defender for Richard Dwayne Lumpkin, appellees.
Before HUBBART, DANIEL S. PEARSON and JORGENSON, JJ.
We reverse the order of the trial court granting appellee Richard Lumpkin's motion to suppress since it is apparent from this record that following his concededly valid arrest there was ample probable cause for the police search of the vehicle in question. See United States v. Ross, 456 U.S. 798, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982).
We note the trial judge did not have the benefit of the Ross decision at the time the motion was granted.
Appellee Herbert L. Tuff has confessed error in this cause, and thus we likewise reverse as to him.
Reversed and remanded for further proceedings.