ROBERT I. O'NEAL, APPELLANT,

v.

FRAN A. O'NEAL, APPELLEE

Citator

Cited By

• State v. Ellison, 455 So. 2d 424 (Fla. 2d DCA 1984)
  …d without a warrant where the officer had no reason to believe that it contained marijuana even though such envelopes are commonly used to carry small amounts of marijuana. Thompson v. State, 405 So. 2d 501 (Fla. 2d DCA 1981). Accord Kelly v. State, 407 So. 2d 1011 (Fla. 5th DCA 1981) (amber-colored prescription bottle); Hansen (“bundles” composed of a garbage bag, cardboard box, and briefcase). We do not disagree with these cases which hold that where the nature of the package observed is innocuous in and of…
• In the Interest of B.M., 553 So. 2d 714 (Fla. 4th DCA 1989)
  …Even if we assume that the police officers had authority from the owner to remove trespassers, their authority in this case where no warning against trespassing was posted was limited to conveying an order to depart the premises. See Kelly v. State, 407 So. 2d 1011 (Fla. 5th DCA 1981). Whether further detention or search is justified where there is no defiance of the order1 depends upon whether the officer has a founded suspicion of criminal activity or, as in Dilyerd, a reasonable belief based on specific and…
• Joe Council v. State, 442 So. 2d 1072 (Fla. 3d DCA 1983)
  …, we do not agree with Thompson v. State, 405 So. 2d 501 (Fla. 2d DCA 1981); Carr v. State, 353 So. 2d 958 (Fla. 2d DCA 1978); and Harris v. State, 352 So. 2d 1269 (Fla. 2d DCA [*1073] 1977). We think that these decisions, as well as Kelly v. State, 407 So. 2d 1011 (Fla. 5th DCA 1981), which is contrary to our opinion in Foxx; Brown v. State, 313 So. 2d 52 (Fla. 4th DCA 1975), cert. denied, 330 So. 2d 21 (Fla.1976); and Brown v. State, 330 So. 2d 861 (Fla. 4th DCA 1976) embody a highly legalistic, indeed myopi…

Authorities Cited

• Deortha A. Moore v. Moore, 401 So. 2d 841 (Fla. 5th DCA 1981)