JERRY WEST GRAHAM, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JERRY WEST GRAHAM, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
409 So. 2d 1168
Florida District Court of Appeal, Third District (1982)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
The judgment below is affirmed without prejudice to the filing of a Fla.R.Crim.P. 3.850 motion to credit the defendant with time previously served in jail as a condition of the probation which was revoked in the present proceeding and while awaiting disposition of the probation violation charge. Since the record is uncertain as to whether full allowance for these periods has already been given, the issue should be initially addressed as a factual matter in the trial court. Clinton v. State, 389 So. 2d 1082 (Fla.3d DCA 1980).
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State v. Marzano, 418 So. 2d 1159 (Fla. 4th DCA 1982)…y disagree. A stop of a vessel may be justified if there is evidence that the vessel has recently crossed the border or there is evidence giving rise to an articulable suspicion that the defendants were engaged in illegal activity. State v. Doyle, 409 So. 2d 1168 (Fla. 3d DCA 1982); State v. Zafra, 408 So. 2d 745 (Fla. 3d DCA 1982); Morales v. State, 407 So. 2d 321 (Fla. 3d DCA 1981). Having found a lawful justification for the stop, the trial court erred in requiring proof that the vessel was seen in custom…
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CHI v. State, 421 So. 2d 670 (Fla. 3d DCA 1982)…oms Officers inside the coastline of the United States and there was no evidence that the vessel had crossed the border into the United States, no boarding was authorized under Title 19 United States Code, Section 1581(a) (1980), see State v. Doyle, 409 So. 2d 1168, 1169 n. 3 (Fla. 3d DCA 1982), and the border search exception to the probable cause requirement was inapplicable, compare Morales v. State, 407 So. 2d 321 (Fla. 3d DCA 1981); and (3) even if, arguendo, the stop and boarding of the vessel were justi…
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Goodwin v. State, 450 So. 2d 582 (Fla. 3d DCA 1984)…the defendant Goodwin did not have a reasonable expectation of privacy in the nursery and therefore has no standing to challenge the illegal search. Accordingly, following Morales v. State, 407 So. 2d 321, 326 (Fla. 3d DCA 1981) and State v. Doyle, 409 So. 2d 1168 (Fla. 3d DCA 1982), we remand to the trial court to afford the defendant the opportunity to establish that the unlawful search invaded his reasonable expectation of privacy. Reversed and remanded.…
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- Clinton v. State, 389 So. 2d 1082 (Fla. 3d DCA 1980)