CLYDE IRVIN BLACK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1979-01-30
No. 78-878
Before PEARSON, BARKDULL and HUBBART, JJ.
366 So. 2d 1223 Florida District Court of Appeal, Third District (1979) Caution
Cited by 23 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant was charged in the trial court by information with kidnapping and robbery. He filed a “Motion to Compel [Identification] Line-Up” and, thereafter, filed a “Motion to Suppress Identification” seeking to suppress testimony pertaining to his identification, on the ground that a photographic line-up was unnecessarily suggestive. After hearing, the trial court denied each motion.

Thereupon, the defendant pled nolo con-tendere to the charges contained in the information and reserved the right to appeal the rulings of the trial court upon the above motions.

Our review of the record in light of the oral argument and briefs shows that the testimony of the police officer who presented the photographic line-up was sufficient basis for the court to find that the line-up was not unduly suggestive. See the reasoned opinion of Mr. Justice Blackmun in Manson v. Brathwaite, 432 U.S. 98, 114-117, 97 S.Ct. 2243, 2253-2254, 53 L.Ed.2d 140, 154-155 (1977).

Accordingly, the judgment and sentence are affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (23 total)

  • Hunter v. State, 660 So. 2d 244 (Fla. 1995)
    …gth of time and distance from the offense; (2) route of flight; (3) specificity of the description of the vehicle and its occupants; and (4) the source of the BOLO information. State v. Wise, 603 So. 2d 61, 63 (Fla. 2d DCA 1992); cf. Lachs v. State, 366 So. 2d 1223, 1226 (Fla. 4th DCA 1979) (restating factors enunciated by the Fourth DCA in Stevens: time; day of week; location; physical appearance of suspects; behavior; appearance of involved motor vehicle; anything incongruous or unusual in the situation; rel…
  • State v. Maynard, 783 So. 2d 226 (Fla. 2001)
    …ledged each other when he arrived at the scene, with Ms. Steele pointing to Defendant’s vehicle. The cases support the proposition that an informant’s actual name need not be known so long as her identity is readily discoverable. See Lachs v. State, 366 So. 2d 1223 (Fla. 4th DCA 1979)(holding that a tipster, “fully identified by occupation and address,” was “entitled to as much credibility as ... a paid informer or the victims themselves”). A “citizen-informant” Not only was Ms. Steele an identified informan…
  • Clark A. Caplan v. State, 531 So. 2d 88 (Fla. 1988)
    …g that the observation of opaque containers such as hand-rolled cigarettes, combined with other additional factors, created probable cause.2 See Adams v. State, 375 So. 2d 638 (Fla. 1st DCA 1979), cert. denied, 385 So. 2d 754 (1980); Lacks v. State, 366 So. 2d 1223 (Fla. 4th DCA 1979); Tamburro v. State, 343 So. 2d 638 (Fla. 4th DCA 1977). This conclusion is in harmony with the trend apparently followed in many American jurisdictions. Our nation’s courts generally have found that the mere observation of hand-…

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