THE STATE OF FLORIDA, APPELLANT,
v.
PEDRO PEREZ, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
PEDRO PEREZ, APPELLEE
491 So. 2d 339
Florida District Court of Appeal, Third District (1986)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The state appeals from an order suppressing evidence in a probation violation proceeding. We reject the state’s contention that the exclusionary rule does not apply to probation violation hearings. State v. Cross, 487 So. 2d 1056 (Fla.1986). We reverse the order suppressing the evidence, however, because the unrebutted evidence before the trial court established that the search of the bag was accomplished with defendant Perez’s consent. Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); Burke v. State, 465 So. 2d 1337 (Fla. 5th DCA 1985).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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LEE Cnty. v. State Farm Mut. Auto. Ins. Co., 634 So. 2d 250 (Fla. 2d DCA 1994)…y law. Before the court may issue a writ of mandamus, it must be shown that there is a clear legal right on the part of the petitioner and that there is an indisputable legal duty on the part of the respondent. See Fraternal Order of Police v. Odio, 491 So. 2d 339 (Fla. 3d DCA), rev. denied, 500 So. 2d 544 (Fla.1986). It is fundamental to the writ that the legal duty of the public agency must be ministerial in nature and not discretionary. Holland v. Wainwright, 499 So. 2d 21 (Fla. 1st DCA 1986). Mandamus wa…
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City OF Miami v. Vill. OF KEY Biscayne & Miami-Dade Cnty., 197 So. 3d 580 (Fla. 3d DCA 2016)…(b)(3) of the Florida Rules of Appellate Procedure. Mandamus is issued to compel a trial court to perform a ministerial function, not a discretionary action. Bailem v. State, 984 So. 2d 604, 605 (Fla. 3d DCA 2008); Fraternal Order of Police v. Odio, 491 So. 2d 339, 340 (Fla. 3d DCA 1986) (Mem) (“A writ of mandamus may be issued only where a petitioner has demonstrated a clear legal right on its part, an indisputable legal duty on the part of the respondent, and the absence of another adequate remedy.”). C. T…
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Miami-Dade Cnty. v. Palmetto BAY, 744 So. 2d 1076 (Fla. 3d DCA 1999)…ht to the performance of a ministerial duty” namely, the holding of an election, mandamus was inappropriately granted in the instant matter. Borja v. NationsBank of Florida, N.A., 698 So. 2d 280 (Fla. 3d DCA 1997); Fraternal Order Of Police v. Odio, 491 So. 2d 339 (Fla. 3d DCA 1986). Reversed.…
Authorities Cited
- Schneckloth v. Bustamonte, 412 U.S. 218 (U.S. 1973)
- State v. Cross, 487 So. 2d 1056 (Fla. 1986)
- Burke v. State, 465 So. 2d 1337 (Fla. 5th DCA 1985)