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GUSTAFSON v. FLORIDA

No. 71-1669.

414 U.S. 260 (1973)

94 S.Ct. 488

38 L.Ed.2d 456

GUSTAFSON v. FLORIDA.

Supreme Court of United States.

Decided December 11, 1973.

Attorney(s) appearing for the Case

James M. Russ argued the cause for petitioner. With him on the brief was Michael F. Cycmanick.

Barry Scott Richard, Deputy Attorney General of Florida, argued the cause for respondent. On the brief were Robert L. Shevin, Attorney General, and Nelson E. Bailey and C. Marie Bernard, Assistant Attorneys General.*

MR. JUSTICE REHNQUIST delivered the opinion of the Court.

Petitioner James Gustafson was convicted in a Florida trial court for unlawful possession of marihuana. At his trial the State introduced into evidence marihuana which had been seized from him during a search incident to his arrest on a charge of driving without possession of an operator's license. The District Court of Appeal of Florida, Fourth District, reversed petitioner's conviction, holding that the search...

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