ERIC YOUNG, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1981-02-24
No. 80-634
Before HUBBART, C. J., and SCHWARTZ and FERGUSON, JJ.
394 So. 2d 525 Florida District Court of Appeal, Third District (1981) Positive Treatment
Cited by 10 cases
Topics
Trafficking In Cocaine Mandatory Minimum Sentence Probable Cause

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Opinion of the Court
SCHWARTZ, Judge.

SCHWARTZ, Judge.

Young appeals from his conviction for trafficking in cocaine. After he would not consent to opening his briefcase, the defendant was taken into custody at the Miami International Airport, and held for almost an hour — during which his plane took off — to await the arrival of a narcotics dog. After the dog alerted to the briefcase, a warrant was secured and cocaine was discovered inside. Because the detention was the functional and constitutional equivalent of an arrest which was (admittedly) not supported by probable cause, the judgment is reversed with directions to discharge the appellant on the authority of Royer v. State, 389 So. 2d 1007 (Fla. 3d DCA 1980), and State v. Mosier, 392 So. 2d 602 (Fla. 3d DCA 1981).1

. This disposition moots the state’s cross-appeal, in which it challenges the $10,000 fine and ten year prison term imposed by the trial court despite the minimum mandatory sentence of $250,000 and fifteen years required by Sec. 893.135(l)(b) 3, Fla.Stat. (1979). But see, State v. Benitez, 395 So. 2d 514 (Fla.1981).

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Cavalluzzi v. State, 409 So. 2d 1108 (Fla. 3d DCA 1982)
    …his suitcase was removed from the airline’s immediate control extended beyond the scheduled departure of his flight so as to constitute an unlawful seizure of the suitcase, State v. Mosier, 392 So. 2d 602 (Fla. 3d DCA 1981); see also Young v. State, 394 So. 2d 525 (Fla. 3d DCA 1981); compare United States v. West, 495 F.Supp. 871 (D.Mass.1980) (reasonable suspicion that bag contained narcotics justified “investigative stop” of bag past flight departure time), the police officers’ removal without search of Cav…
  • State v. Bankston, 435 So. 2d 269 (Fla. 3d DCA 1983)
    …. The five-fifteen minute time span involved here obviously did not exceed that authorized, in fact actually described, in Florida v. Royer. The question of how long the period of detention may extend and thus whether our holdings in Young v. State, 394 So. 2d 525 (Fla. 3d DCA 1981) and State v. Mosier, 392 So. 2d 602 (Fla. 3d DCA 1981) may be in jeopardy are therefore not before us. The issue is, however, now generally before the Court in United States v. Place, 660 F. 2d 44 (2d Cir.1981), cert. granted, 457…
  • State v. Murray, 401 So. 2d 1146 (Fla. 3d DCA 1981)
    …PER CURIAM. Affirmed. Young v. State, 394 So. 2d 525 (Fla.3d DCA 1981); Monahan v. State, 390 So. 2d 756 (Fla.3d DCA 1980).…

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