JOSEPH BILINSKI AND JAMES JONES, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
JOSEPH BILINSKI AND JAMES JONES, APPELLANTS,
THE STATE OF FLORIDA, APPELLEE
463 So. 2d 424
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The final judgments of conviction and sentences under review are affirmed. The trial court committed no error, as asserted, in denying the defendants’ respective motions to suppress the eyewitness identification in this case. The defendants were not unlawfully in custody when they were identified by the eyewitness at a prompt on-the-scene police show-up; nor was the show-up procedure impermissibly suggestive so as to give rise to a likelihood of irreparable misidentification. See State v. Vamedoe, 443 So. 2d 201 (Fla. 3d DCA 1983); Cross v. State, 432 So. 2d 780 (Fla. 3d DCA 1983); State v. Cromartie, 419 So. 2d 757 (Fla. 1st DCA), pet. for review dismissed, 422 So. 2d 842 (Fla.1982).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Leach, 170 So. 3d 56 (Fla. 2d DCA 2015)…”); Saturnino-Boudet, 682 So. 2d at 191 (rejecting the defendant’s argument that his detention lasting thirty, to forty minutes pending the arrival of a canine unit was the de facto equivalent of an arrest without probable cause); Bilinski v. State, 463 So. 2d 424, 425 (Fla. 3d DCA 1985) (“The defendants were not unlawfully in- custody when they were identified by the eyewitness at a prompt on-the-scene police show-up.... ”). It is worth remembering that in most scenarios such as the one in this case, the fai…
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Morley v. State, 616 So. 2d 587 (Fla. 3d DCA 1993)…(Fla.), cert. denied, 417 U.S. 912, 94 S.Ct. 2611, 41 L.Ed.2d 216 (1973); Moorehead v. State, 597 So. 2d 841 (Fla. 3d DCA), review denied, 606 So. 2d 1165 (Fla.1992), cert. denied, — U.S. -, 113 S.Ct. 1003, 122 L.Ed.2d 152 (1993); Bilinski v. State, 463 So. 2d 424 (Fla. 3d DCA 1985); Ryan v. State, 457 So. 2d 1084 (Fla. 4th DCA 1984), review denied, 462 So. 2d 1108 (Fla.1985); § 784.07(3), Fla.Stat. (1989).…
Authorities Cited
- Mizell v. Lawson Lamar, 432 So. 2d 780 (Fla. 5th DCA 1983)
- Railey Cross v. State, 432 So. 2d 780 (Fla. 3d DCA 1983)
- State v. Cromartie, 419 So. 2d 757 (Fla. 1st DCA 1982)
- State v. Varnedoe, 443 So. 2d 201 (Fla. 3d DCA 1983)