State v. Sprague

Full title: STATE OF FLORIDA, Appellant, v. KENT M. SPRAGUE, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Jan 31, 1997

687 So. 2d 921 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-00812

Opinion filed January 31, 1997.

Appeal from the Circuit Court for Manatee County; Janette Dunnigan, Judge.

Robert A. Butterworth, Attorney General, Tallahassee and Patricia E. Davenport, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender and Michael J.P. Baker, Assistant Public Defender, Bartow, for Appellee.

FRANK, Acting Chief Judge.

The relevant facts are implicit in the result we reach in this matter, i.e., once a valid arrest has been effected, evidence of other criminal conduct revealed by a search undertaken immediately following the arrest is not suppressible. Savoie v. State, 422 So.2d 308, 312-14 (Fla. 1982); Gay v. State, 607 So.2d 454, 460-62 (Fla. 1st DCA 1992), rev. denied, 620 So.2d 760 (Fla. 1993); State v. Boulia, 522 So.2d 528 (Fla. 2d DCA 1988). Accordingly, we reverse the trial court's suppression of the evidence gathered by the police from Sprague's personal property following his arrest.

ALTENBERND, J. and HALL, VINCENT T., (SENIOR) JUDGE, Concur.