STATE OF FLORIDA, APPELLANT,
v.
MARIA RIVERA, NELSON GARCIA, RENE FERRER, LAZARRO VALIENTE, AND JOSEPH RIVERA, APPELLEES
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DOWNEY, Judge.
This is a state appeal from an order suppressing marijuana seized from a marine vessel and from a dwelling. It is a companion case to Rizzo v. State ex rel. City of Pompano Beach, 396 So. 2d 869 (Fla. 4th DCA 1981), opinion on rehearing filed this date, since it arose out of the same April 7, 1978, marijuana seizures involved in Rizzo.
The hearing on the appellees’ motion to suppress took place before a circuit judge other than the judge involved in Rizzo; it occurred some months after the Rizzo hearing; and it had different results.
In the present case the circuit court granted appellees’ motion to suppress on the basis that the police officers had no probable cause to arrest and, therefore, needed search warrants to enter the dwelling and to board the vessel. We reverse the order of suppression for failure of any of appellees to show standing, i. e., a reasonable expectation of privacy, as to the dwelling or the vessel (See State v. Muzevsky, 388 So. 2d 21 [Fla. 4th DCA 1980]) and remand the cause for further proceedings.
REVERSED AND REMANDED.
ANSTEAD and HERSEY, JJ., concur.
PER CURIAM.
The remand of this case for further proceedings did not include further consideration of the question of standing; that question was considered and determined adversely to appellees in our opinion of April 15, 1981.
Accordingly, the Petition for Rehearing is denied.
DOWNEY, ANSTEAD and HERSEY, JJ., concur.
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State v. Beja, 451 So. 2d 882 (Fla. 4th DCA 1984)…ppellee Lennon’s supplemental amended motion to suppress the firearm. Appellant maintains that Lennon must have sufficient standing to bring a motion to suppress, Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978); State v. Rivera, 400 So. 2d 22 (Fla. 4th DCA 1981), petition for review denied, 408 So. 2d 1095 (1981); and that other cases have held that passengers of automobiles must establish a legitimate expectation of privacy before a motion to suppress can be granted. See State v. Bartz,…
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State v. Licourt, 417 So. 2d 1051 (Fla. 4th DCA 1982)…, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960). . State v. Muzevsky, 388 So. 2d 21 (Fla. 4th DCA 1980); Rizzo v. State ex rel. City of Pompano Beach, 396 So. 2d 869 (Fla. 4th DCA 1981); Daley v. State, 398 So. 2d 840 (Fla. 4th DCA 1981); and State v. Rivera, 400 So. 2d 22 (Fla. 4th DCA 1981).…
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State v. Barnes, 406 So. 2d 1119 (Fla. 1981)…PER CURIAM. Affirmed. 400 So. 2d 22. Murray v. State, 403 So. 2d 417 (Fla.1981). ADKINS, Acting C. J., and BOYD, OVERTON, ALDERMAN and MCDONALD, JJ., concur.…
Authorities Cited
- Anthony Rizzo & 1978 Sea Ray v. State, 396 So. 2d 869 (Fla. 4th DCA 1981)
- State v. Muzevsky, 388 So. 2d 21 (Fla. 4th DCA 1980)