THE STATE OF FLORIDA, APPELLANT,
v.
JOHNNY MCCREE, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
JOHNNY MCCREE, APPELLEE
417 So. 2d 1021
Florida District Court of Appeal, Third District (1982)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the judgment of the trial court suppressing the confession of Johnny McCree, based on the trial court’s finding that the arrest was unlawful and without probable cause. Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975). No attenuation occurred according to this record between the time of the unlawful arrest and the confession. Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979); Brown, supra, 422 U.S. at 602, 95 S.Ct. at 2261. See Bailey v. State, 319 So. 2d 22 (Fla.1975); Taylor v. State, 355 So. 2d 180 at 184 (Fla. 3d DCA 1978).
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State v. Bussey, 444 So. 2d 63 (Fla. 4th DCA 1984)…e statute to be unconstitutional as an improper exercise of police power. The court found that the state had no proper purpose in enacting laws to enforce quality control in illegal drug transactions. The same rationale is stated in State v. Manucy, 417 So. 2d 1021 (Fla. 1st DCA 1982), where the First District held that the sale of an uncontrolled substance in lieu of a controlled substance could not be grand theft by fraud in violation of Section 812.014, Florida Statutes (1979). The court reasoned that the t…
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State v. Gordon, 920 So. 2d 42 (Fla. 1st DCA 2005)…The state appeals a final order dismissing on the authority of State v. Manucy, 417 So. 2d 1021 (Fla. 1st DCA 1982), the charges of grand theft and conspiracy to commit grand theft with which Aaron S. Gordon, Appellee, had been charged by information. Because we conclude that the holding in Manucy is limited to cases of theft by fraud, we reve…1 / 2
Authorities Cited
- Dunaway v. New York, 442 U.S. 200 (U.S. 1979)
- Brown v. Illinois, 422 U.S. 590 (U.S. 1975)
- Bailey v. State, 319 So. 2d 22 (Fla. 1975)
- Taylor v. State, 355 So. 2d 180 (Fla. 3d DCA 1978)