JAMES EDWARD TAYLOR, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• McCAULEY v. State, 842 So. 2d 897 (Fla. 2d DCA 2003)
  …to challenge the search. This position appears to be correct because the evidence established that McCauley lived with his father but merely stayed at Penn’s home from time to time and was just visiting on the day in question. Cf. State v. Mallory, 409 So. 2d 1222, 1224 (Fla. 2d DCA 1982) (holding that defendant who had a permanent residence and was merely a visitor in a third party’s home did not have standing to challenge the search of the home even though the defendant kept some clothing there, was free to…
• Walker v. State, 433 So. 2d 644 (Fla. 2d DCA 1983)
  …, not even Manion, had permission to enter his room. He therefore had a reasonable expectation of privacy and legal standing within the contemplation of United States v. Salvucci, 448 U.S. 83, 100 S.Ct. 2547, 65 L.Ed.2d 619 (1980); State v. Mallory, 409 So. 2d 1222 (Fla. 2d DCA), petition for review denied, 418 So. 2d 1280 (Fla.1982); Brady v. State, 394 So. 2d 1073 (Fla. 4th DCA 1981). Once Walker established he had standing and that a warrantless intrusion into his room had occurred which, in turn, resulted…
• Ysidro Y. DeLaPAZ v. State, 453 So. 2d 445 (Fla. 4th DCA 1984)
  …ed by the fact that DeLaPaz stayed at the Brown home only one to three days a week and lived with siblings on other days during the time period in question. See Walker, supra; Shade v. State, 400 So. 2d 850 (Fla. 1st DCA 1981); cf. State v. Mallory, 409 So. 2d 1222 (Fla. 2d DCA), petition for rev. denied, 418 So. 2d 1280 (Fla.1982). Thus, we conclude that DeLaPaz has standing to challenge the validity of the warrant authorizing the search of the Brown home. On the merits, we find that the facts stated in the…

Authorities Cited

• Egan v. State, 364 So. 2d 1263 (Fla. 4th DCA 1978)