THE STATE OF FLORIDA, APPELLANT,
v.
PHILIP UGO PEZZELLA, APPELLEE
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The trial court's suppression order was improper because it lacked specificity, and the refusal to allow a proffer of evidence hindered appellate review.
The trial court suppressed evidence obtained through an alleged unreasonable search and seizure without specifying the evidence. The court also refuse…
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BASKIN, Judge.
We reverse the trial court’s suppression of “Evidence Obtained Through Unreasonable Search and Seizure”. Neither the motion nor the order specified the evidence to be suppressed. Fla.R.Crim.P. 3.190(h)(2).
The trial court’s refusal to permit the state to proffer evidence defeats our evaluation of the arguments on appeal concerning the necessity for consent to a warrant-less interception of a telephone call to defendant’s home upon which defendant contends probable cause for his arrest was based and concerning the unavailability of a witness who invoked the Fifth Amendment. A trial court should not refuse to allow a proffer of testimony. Piccirrillo v. State, 329 So. 2d 46 (Fla. 1st DCA 1976).
Upon remand questions relating to defendant’s standing to seek suppression of evidence under decisions released subsequent to the trial court’s ruling should be addressed. See United States v. Salvucci, 448 U.S. 83, 100 S.Ct. 2547, 65 L.Ed.2d 619 (1980); Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978); Norman v. State, 388 So. 2d 613 (Fla. 3d DCA 1980).
Reversed and remanded.
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Bernadette Amente v. Willie B. Newman, M.D., 653 So. 2d 1030 (Fla. 1995)…1983) (medical malpractice defendant could not be compelled to answer interrogatory requesting non-party patient’s initials, date of surgery, and name of hospital where surgery was performed); North Miami Gen. Hosp. v. Royal Palm Beach Colony, Inc., 397 So. 2d 1033, 1035 (Fla. 3d DCA 1981) (hospital was not required to answer interrogatory concerning hospitalization records of patients not involved in the suit because it would “impermissibly compromise their right to the confidentiality of their medical record…
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Alterra Healthcare Corp. v. Est. OF Francis Shelley, 827 So. 2d 936 (Fla. 2002)…: In deciding whether a protective order is appropriate in a particular case, the court must balance the competing interests that would be served by granting discovery or by denying it. North Miami General Hospital v. Royal Palm Beach Colony, Inc., 397 So. 2d 1033, 1035 (Fla. 3d DCA 1981); Dade County Medical Association v. Hlis, 372 So. 2d 117, 121 (Fla. 3d DCA 1979). Thus, the discovery rules provide a framework for judicial analysis of challenges to discovery on the basis that the discovery will result in…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rakas v. Illinois, 439 U.S. 128 (U.S. 1978)
- United States v. Salvucci, 448 U.S. 83 (U.S. 1980)
- Ernie W. Norman v. State, 388 So. 2d 613 (Fla. 3d DCA 1980)
- Piccirrillo v. State, 329 So. 2d 46 (Fla. 1st DCA 1976)