EDUARDO ANTONIO DIAZ-FONSECA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
EDUARDO ANTONIO DIAZ-FONSECA, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
483 So. 2d 558
Florida District Court of Appeal, Third District (1986)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The trial court denied Diaz-Fonseca a full evidentiary hearing on his motion to suppress based upon a finding that he did not have standing to challenge the search because he had denied ownership of the luggage. We reverse for a full evidentiary hearing upon the authority of Shafi v. State, 377 So. 2d 787 (Fla. 1st DCA 1979). See also United States v. Richards, 638 F. 2d 765 (5th Cir.), cert. denied, 454 U.S. 1097, 102 S.Ct. 669, 70 L.Ed.2d 638 (1981). Diaz-Fonseca claimed that the bag belonged to his uncle. In addition, he was in possession of claim tickets for the bag. He clearly had a sufficient possessory and custodial interest in the bag to have established standing to object to its search and seizure.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Acosta v. State, 519 So. 2d 658 (Fla. 1st DCA 1988)…pers, disclosing that the vehicle belonged to his mother, appellant explaining that he had permission to drive it. Under the circumstances, the appellant did not lack the requisite standing necessary to contest the search. See Diaz-Fonseca v. State, 483 So. 2d 558 (Fla. 3d DCA 1986) (sufficient possessory interest in area to be searched established through evidence showing that defendant legitimately obtained possession of articles through the consent of his uncle). We also conclude that the trial court erre…
-
State v. Miguelina Rodriguez, 515 So. 2d 330 (Fla. 3d DCA 1987)…(Fla. 3d DCA 1984) (physical abandonment). None involve a situation in which the article is in the possession of the person unlawfully searched. In such an instance, standing to challenge the search exists as a matter of law. Diaz-Fonseca v. State, 483 So. 2d 558 (Fla. 3d DCA 1986) (defendant who denied ownership of luggage on claim that it belonged to uncle "clearly had a sufficient possessory and custodial interest in the bag to have established standing to object to its search and seizure”); see United St…
Authorities Cited
- United States v. Richards, 638 F.2d 765 (5th Cir. 1981)
- In re Beachboard, 454 U.S. 1097 (U.S. 1981)
- Moeller v. United States, 454 U.S. 1097 (U.S. 1981)
- Alam Shafi v. State, 377 So. 2d 787 (Fla. 1st DCA 1979)