GERALD GOODWIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
GERALD GOODWIN, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
450 So. 2d 582
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The state concedes that the search which emanated from the same warrant as was determined to be defective in Blue v. State, 441 So. 2d 165 (Fla. 3d DCA 1983) was illegal. Nonetheless, the state now argues for the first time that 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Arnold Lumber Co. v. Verner E. Harris, 469 So. 2d 786 (Fla. 1st DCA 1984)…(b)(3), Fla.R.App.P. The parties report they have been unable to reconstruct the record. Therefore, the final order of the deputy is vacated and the cause is remanded for a hearing de novo. See Moser v. Department of Labor and Employment Security, 450 So. 2d 582 (Fla. 1st DCA 1984); Vernell v. Edge, Inc., 389 So. 2d 327 (Fla. 5th DCA 1980); Parrish v. Parrish, 389 So. 2d 8 (Fla. 3rd DCA 1980). WENTWORTH, NIMMONS and ZEH-MER, JJ., concur.…
Authorities Cited
- Zeinida Morales v. State, 407 So. 2d 321 (Fla. 3d DCA 1981)
- Berry O. Russell v. State, 441 So. 2d 165 (Fla. 3d DCA 1983)
- State v. Caso, 441 So. 2d 165 (Fla. 3d DCA 1983)
- Graham v. State, 409 So. 2d 1168 (Fla. 3d DCA 1982)