GEORGE TOLLEY A/K/A GEORGE STARLING TOLLEY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GEORGE TOLLEY A/K/A GEORGE STARLING TOLLEY, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
383 So. 2d 948
Florida District Court of Appeal, Fourth District (1980)
Positive Treatment
Cited by 6 cases
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Opinion of the Court
PER CURIAM.
Affirmed.
MOORE and HERSEY, JJ., concur. LAMAR WARREN, Associate Judge, dissents with opinion.
Dissent
LAMAR WARREN, Associate Judge,
dis-sénting:
I respectfully dissent. The director of housing at a state university received information from a student confidential informer concerning drug trafficking by appellant in the dormitory room in which he was residing, and the police were notified. The police made a determination after considerable delay that it was necessary to go to the dormitory without obtaining a search warrant. The officer who was a witness at the hearing on a motion to suppress testified that after they went to the dormitory, accompanied by the director, they smelled a strong odor of marijuana in the corridor. The director, who was the other witness at the hearing, and who was leading the way because he had a key to appellant’s room, testified at the hearing that he deferred to the officers and that they were the police handling a drug situation and further that when he got to the hallway door he noticed the smell of marijuana. He put his key in the lock and finding the door was already unlocked he opened the door and proceeded into the room, the officers following. Upon these facts it is believed that the cases of Taylor v. United States, 1932, 286 U.S. 1, 52 S.Ct. 466, 76 L.Ed. 951 and Johnson v. United States, 333 U.S. 10, 68 S.Ct. 367, 92 L.Ed. 436 govern. It follows therefore that the order denying appellant’s motions to suppress should be reversed. Parsons v. State, 334 So. 2d 308 (Fla. 1st DCA 1976); Hornblower v. State, 351 So. 2d 716 (Fla.1977); Piazzola v. Watkins, 442 F. 2d 284 (5th Cir. 1971); Smyth v. Lubbers, 398 F.Supp. 777, (D.C.W.D.Miss.1975); Morale v. Grigel, 422 F.Supp. 988 (D.C.N.H.1976), and State v. Kappes, 26 Ariz.App. 567, 550 P. 2d 121 (1976).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re Standard Jury Instructions IN Civil Cases-Report NO. 09-01 (Reorganization of the Civil Jury Instructions). In re Standard Jury Instructions in Civil Cases-Report No. 09-02 (Greater Weight of the Evidence, 35 So. 3d 666 (Fla. 2010)…80 So. 2d 1336 (Fla. 3d DCA 1985) (violation of residential Landlord Tenant Act, F.S. 83.51 (1983)); Walt Disney World Co. v. Merritt, 404 So. 2d 1077 (Fla. 5th DCA 1981) (violation of State Fire Marshal’s rules); Hines v. Reichhold Chemicals, Inc., 383 So. 2d 948 (Fla. 1st DCA 1980) (statutory violation of emission of gases and noxious odors); Jones v. Fla. East Coast R.R. Co., 220 So. 2d 922 (Fla. 4th DCA 1969) (violation of municipal ordinance requiring railroad crossing signals); Conroy v. Briley, 191 So.…
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Reliance Elec. Co. v. Humphrey, 427 So. 2d 214 (Fla. 4th DCA 1983)…shes a duty to take precautions to protect a particular class of persons from a particular injury or type of injury.” Ibid. See also, Florida Freight Terminals, Inc. v. Cabanas, 354 So. 2d 1222 (Fla. 3d DCA 1978); Hines v. Reichhold Chemicals, Inc., 383 So. 2d 948 (Fla. 1st DCA 1968). Section 399.02(6)(b) falls squarely within the second category. It provides in pertinent part that: The owner or his duly appointed agent shall be responsible for the safe operation and proper maintenance of the elevator, dumb…
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STANDARD JURY INSTRUCTIONS-CIVIL CASES (99-1), 778 So. 2d 264 (Fla. 2000)…CA 1985) (violation of residential Landlord Tenant Act, § 83.51, Fla. Stat. (1983)); Walt Disney World Co. v. Merritt, 404 So. 2d 1077 (Fla. 5th DCA 1981) (violation of State Fire Marshal’s Rules and Regulations); Hines v. Reichhold Chemicals, Inc., 383 So. 2d 948 (Fla. 1st DCA 1980) (statutory violation of emission of gases and noxious odors); Jones v. Florida East Coast R.R. Co., 220 So. 2d 922 (Fla. 4th DCA 1969) (violation of municipal ordinance requiring railroad crossing signals); Conroy v. Briley, 191…
Authorities Cited
- Johnson v. United States, 333 U.S. 10 (U.S. 1948)
- Taylor v. United States, 286 U.S. 1 (U.S. 1932)
- Hornblower v. State, 351 So. 2d 716 (Fla. 1977)
- Piazzola v. Watkins, 442 F.2d 284 (5th Cir. 1971)
- Parsons v. State, 334 So. 2d 308 (Fla. 1st DCA 1976)