State v. Savino, 686 So. 2d 811 (Fla. Dist. Ct. App. 1997).
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State v. Savino, 686 So. 2d 811 (Fla. Dist. Ct. App. 1997). Book View Copy Cite
STATE of Florida
v.
Toni SAVINO and Gustavo O. Chavez
No. 96-0986.
District Court of Appeal of Florida.
Jan 29, 1997.
686 So. 2d 811
Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellant., Peter D. Lent, Fort Lauderdale, for Ap-pellee-Toni Savino., Richard L. Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for Appellee-Gustavo 0. Chavez.
Farmer, Gross, Warner.
Cited by 1 opinion  |  Published

Lead Opinion

PER CURIAM.

AFFIRMED.

[*812] FARMER and GROSS, JJ., concur. WARNER, J., dissents with opinion.

Dissent

WARNER, Judge,

dissenting.

Based on Whren v. United States, — U.S. -, 116 S.Ct. 1769,135 L.Ed.2d 89 (1996), I would hold that the officer had probable cause to stop appellees’ vehicle for a violation of section 316.610, Florida Statutes (1995), due to its cracked windshield. The officer testified that it would be difficult to see through a “spider” crack along the windshield, and that condition could be hazardous to other vehicles on the road.

I would reverse the order granting the motion to suppress evidence seized in plain view as a result of the stop.