NILE M. MARRIOTT, JR., AND NELSON A. FAERBER, PETITIONERS,
v.
VENETIAN COVE CLUB, INC., A FLORIDA CORPORATION, AND HERBERT A. ELLIOT, AN INDIVIDUAL, RESPONDENTS

Fla. | 1980-07-10
No. 57438
SUNDBERG, C. J., and BOYD, OVER-TON and ALDERMAN, JJ., concur.
408 So. 2d 567 Florida Supreme Court (1980) Caution
Cited by 32 cases

Opinion of the Court
ADKINS, Justice.

ADKINS, Justice.

Reversed. See Arthur R. Pomponio v. The Glaridge of Pompano Condominium, Inc., etc., et al., 378 So. 2d 774 (Fla.1980). It is so ordered.

SUNDBERG, C. J., and BOYD, OVER-TON and ALDERMAN, JJ., concur.


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  • Kuhn v. State, 439 So. 2d 291 (Fla. 3d DCA 1983)
    …to the search warrant requirement rule. Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925), adopted in toto by § 933.19 Fla. Stat. (1981); Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970); Adoue v. State, 408 So. 2d 567, 571-72 (Fla.1981); Collins v. State, 65 So. 2d 61 (Fla.1953). The probable cause for the search of the defendant’s pickup truck was ample in this case. It consisted of the following: (1) the defendant was observed by police traveling in a pickup…
  • State v. Ellison, 455 So. 2d 424 (Fla. 2d DCA 1984)
    …y comes upon an object which is openly visible. 3. It is immediately apparent to the officer that the object constitutes evidence of a crime. Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971); see, e.g., Adoue v. State, 408 So. 2d 567 (Fla.1981); Ensor v. State, 403 So. 2d 349 (Fla.1981); Neary v. State, 384 So. 2d 881 (Fla.1980); Derrickson v. State, 399 So. 2d 100 (Fla. 1st DCA 1981); State v. Melendez, 392 So. 2d 587 (Fla. 4th DCA 1981); State v. Hall, 376 So. 2d 276 (Fla. 3d…
  • State v. Starkey, 559 So. 2d 335 (Fla. 1st DCA 1990)
    …e a right to be, the police may lawfully look through the automobile’s windows and view objects which can be seen within. Such observation is not a “search” under the Fourth Amendment and involves no legally recognized intrusion. See Adoue v. State, 408 So. 2d 567 (Fla.1981); State v. Flores, 305 So. 2d 292 (Fla. 2d DCA 1974), cert. denied, 315 So. 2d 189 (Fla.1975); and W. LaFave, Search and Seizure, A Treatise on the Fourth Amendment, § 2.5(b) (West 2d ed. 1987). Therefore, the issue in this case relates to…

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