KEVIN KANE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1986-02-04
No. 85-2384
Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.
483 So. 2d 66 Florida District Court of Appeal, Third District (1986) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The order denying Kane’s petition for habeas corpus and remanding him to the State of Louisiana upon that state’s demand that Kane be extradited is reversed upon the indistinguishable and controlling authority of Wheaton v. State, 420 So. 2d 604 (Fla. 3d DCA 1982), rev. denied, 426 So. 2d 28 (Fla.1983). See also Herrera v. State, 420 So. 2d 606 (Fla. 3d DCA 1982), rev. denied, 429 So. 2d 7 (Fla.1983). Although the extradition papers of the demanding state are hardly a model of clarity, we reject Kane’s remaining arguments that the Louisiana information fails to substantially charge Kane with a crime under Louisiana law and that the supporting affidavit fails to set forth sufficient facts to establish probable cause.

Reversed.


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  • Zukor v. State, 488 So. 2d 601 (Fla. 3d DCA 1986)
    …errogation of the appellants during the unlawful [by virtue of duration] portion of their detention, the agents gained nothing that they had not already learned during the permissible portion of their detention.” Id. at 1361. See also State v. Bell, 483 So. 2d 66 (Fla. 3d DCA 1986) (police able to locate checked luggage for purposes of sniff from own observations independent of detention of defendant).…

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