# Brown v. State

> District Court of Appeal of Florida · May 23, 1975 · 313 So. 2d 52

URL: https://www.frixlaw.com/law-library/cases/7470880

## Case

- **Full name:** Buell Leon BROWN, III v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** May 23, 1975
- **Citations:** 313 So. 2d 52; 1975 Fla. App. LEXIS 14856
- **Precedential status:** Published
- **Opinion:** Dissent by Walden
- **Judges:** Cross, Owen, Walden
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7470880

## Opinion text

WALDEN, Judge
(dissenting):
I respectfully dissent and would affirm.
The agreed and briefed appellate question before us is whether there was probable cause to search the defendant without a warrant.
*54 The record reveals these facts:
1. Police officer observed a vehicle exceeding the speed limit. Defendant was a passenger therein.
2. The officer stopped the vehicle and issued a citation to the driver.
3. The officer observed marijuana seeds and a roach within the car in plain view.
4. Defendant was searched and marijuana was found in his right boot.
5. Defendant was then arrested.
It is my view that the foregoing facts are sufficient to warrant a prudent man’s believing that a criminal offense has been, or is being, committed. The trial court so ruled' and I would affirm upon authority of Gispert v. State, 118 So.2d 596 (2d DCA Fla.1960). See, State v. Profera, 239 So.2d 867 (4th DCA Fla. 1972).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7470880. Public record. Not legal advice.