THE STATE OF FLORIDA, APPELLANT,
v.
DAMASCO VINCENTE RODRIGUEZ, APPELLEE

Fla. 3d DCA | 1985-01-02
No. 79-1138
Before SCHWARTZ, C.J., and BARK-DULL and HENDRY, JJ.
462 So. 2d 69 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

On remand from the Supreme Court of the United States, — U.S. —, 105 S.Ct. 308, 83 L.Ed.2d 165, the .order of suppression under review be and the same is hereby reversed on the authority of Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983), and the cause is remanded to the trial court for further proceedings.

Reversed and remanded with directions.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • State v. Earnest James, 526 So. 2d 188 (Fla. 3d DCA 1988)
    …n, J., dissenting) (tape-wrapped baseball-shaped object). However, relying upon United States v. Chadwick, 433 U.S. 1, 97 S.Ct. 2476, 53 L.Ed.2d 538 (1977); Arkansas v. Sanders, 442 U.S. 753, 99 S.Ct. 2586, 61 L.Ed.2d 235 (1979); State v. Williams, 462 So. 2d 69 (Fla. 1st DCA 1985); Manee v. State, 457 So. 2d 530 (Fla. 2d DCA 1984); and Mancini v. State, 448 So. 2d 573 (Fla. 1st DCA 1984), the trial court concluded that although the police may have had probable cause to believe that the paper bag within the…
  • State v. Diaz, 474 So. 2d 903 (Fla. 5th DCA 1985)
    …the facts of this case do fall under the latter situation and therefore the trial court correctly determined that Ross and Mancini did not provide the justification for searching the briefcase in this case. Two other recent cases, State v. Williams, 462 So. 2d 69 (Fla. 1st DCA 1985), and Manee v. State, 457 So. 2d 530 (Fla. 2d DCA 1984), review denied 464 So. 2d 556, cert. denied — U.S. -, 105 S.Ct. 2678, 86 L.Ed.2d 696 (1985), also support the trial court’s analysis of the probable cause to search theory. H…
  • Yama Butler v. State, 634 So. 2d 700 (Fla. 1st DCA 1994)
    …on of the CI’s tip. Because there was no probable cause to arrest appellant before the cocaine was discovered during the pre-arrest search, the warrantless search of appellant cannot be validated as a search incident to an arrest. State v. Williams, 462 So. 2d 69, 72 (Fla. 1st DCA), pet. for rev. denied, 476 So. 2d 676 (Fla.1985); Wright v. State, 418 So. 2d 1087 (Fla. 1st DCA 1982), pet. for rev. denied, 426 So. 2d 29 (Fla.1983). Although the trial court’s ruling on a motion to suppress is presumptively cor…

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