STATE OF FLORIDA, APPELLANT,
v.
TERRY SCOTT LOOMIS, JANET CAROL LOOMIS, AND DONOVAN RICHARD PETERS, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The defendant lacked standing to challenge the seizure of contraband, and the suppression order as to him is vacated. The State's challenge to the suppression order regarding the other defendants is without merit.
Police found marijuana in the garage of a home where the defendant was a guest and in the backyard amidst marijuana plants. The police did not secure …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Standing To Challenge Search cases and more on FLexlaw
PER CURIAM.
This is an appeal by the State of Florida from an order granting a motion to suppress marijuana found in the garage of a home at which the defendant, Donovan Richard Peters, was a guest. The home was occupied and leased by defendants, Mr. and Mrs. Loomis, and Mr. Peters was, at most, a social invitee on the premises. He had apparently been invited to the premises by Mr. Loomis, whom he did not know, when he met him at the beach. The defendant, Peters, was in the back yard in the midst of four to five-foot high marijuana plants which were easily observable from public view. He was arrested and charged with possession of the growing plants and with possession of other marijuana found in the garage. The police did not secure a warrant before entering the yard or garage. The police did contact the State Attorney’s Office regarding a warrant but were advised that one was not necessary.
We conclude that under Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978), and United States v. Salvucci, 448 U.S. 83, 100 S.Ct. 2547, 65 L.Ed.2d 619 (1980), defendant, Peters, lacked standing to challenge the seizure of the contraband, and the order of the trial court suppressing the evidence is vacated and set aside as it relates to Peters.
The State’s attack on the suppression order as it relates to defendants, Loom-is, is without merit. The State conceded the standing of these parties before the trial court. The recent case of State v. Rickard (Fla.1982), Case No. 54,877, issued April 29, 1982, is controlling and required suppression of the marijuana seized from the garage of the Loomis home without a warrant under the circumstances wherein a warrant could obviously have been secured. We make no ruling on the portion of the trial court’s order which partially denied the motion to suppress as to all defendants. The matter is remanded to the trial court for further proceedings.
REVERSED AND REMANDED.
DOWNEY, BERANEK and WAT,DEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Suco, 502 So. 2d 446 (Fla. 3d DCA 1986)…and consequently could not assert an invasion of privacy based on an illegal entry of the premises; indeed, LaFave cites this case with approval as being consistent with his analysis. 4 W. LaFave, supra, at 292 n. 60 (2d ed. 1987). State v. Loomis, 418 So. 2d 482 (Fla. 4th DCA 1982), also cited by the state, seems equally distinguishable on the same basis, as the invited guest there was in the back yard of the house amidst some marijuana plants at the time of the search of the garage, and there is no indicat…
-
Newkirk v. State, 512 So. 2d 1110 (Fla. 1st DCA 1987)…PER CURIAM. AFFIRMED. State v. Loomis, 418 So. 2d 482 (Fla. 4th DCA 1982); Jones v. State, 498 So. 2d 1359 (Fla. 2d DCA 1986); State v. Pringle, 499 So. 2d 75 (Fla. 2d DCA 1986). SHIVERS and ZEHMER, JJ., and PEARSON, TILLMAN (Ret’d), Associate Judge, concur.…
Authorities Cited
- Rakas v. Illinois, 439 U.S. 128 (U.S. 1978)
- United States v. Salvucci, 448 U.S. 83 (U.S. 1980)