THE STATE OF FLORIDA, APPELLANT,
v.
FRANCISCO FERNANDEZ, APPELLEE
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An invited guest in a home has a legitimate expectation of privacy and standing to contest an unlawful search of the premises.
The State appealed an order suppressing physical evidence seized from a private home. The trial court suppressed the evidence due to an unlawful searc…
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PER CURIAM.
This is an appeal by the State of Florida from the trial court's order granting Fernandez’s motion to suppress physical evidence seized from a private home. The trial court suppressed the evidence because of the unlawful search of the home. We affirm.
We disagree with the state’s argument that Fernandez has no standing to contest the search since he was not the owner or lessee of the premises searched. The record reveals that Fernandez was an invited guest in the home searched and, therefore, had a legitimate expectation of privacy. We agree with the court that his fourth amendment rights were violated by the unreasonable search of the home. This court has most recently held in State v. Suco, 502 So. 2d 446 (Fla. 3d DCA 1986),
that an invited guest in a home has a reasonable expectation of privacy while physically in the home at the invitation of the home dweller. 3 W. LaFave, Search and Seizure § 11.3(b), at 553 (1978); see Rakas v. Illinois, 439 U.S. 128, 149, 99 S.Ct. 421, 433, 58 L.Ed.2d 387, 405 (1978); Jones v. United States, 362 U.S. 257, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960).
The order under review is, accordingly,
AFFIRMED.
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State v. Fernandez, 538 So. 2d 899 (Fla. 3d DCA 1989)…ice arrested the defendant and Mr. Shif-flett; 8. The cocaine, in a fiber glass kilogram wrapping, was found in Mr. Shif-flett’s bedroom.” The trial court felt compelled to grant the motion to suppress based on the authority of State v. Fernandez, 501 So. 2d 648 (Fla.3d DCA 1986), and concluded as follows in the order under review: “This Court, therefore, grants the defendant’s Motion to Suppress in order to facilitate a resolution of the issues in this case and solicits the State to seek review of this Or…1 / 2
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State v. Fisher, 529 So. 2d 1256 (Fla. 3d DCA 1988)…rate address and never claimed, that he held any interest in the house or was there by invitation of the owner or other lawful occupant. Compare State v. Suco, 502 So. 2d 446 (Fla. 3d DCA 1986), aff'd, 521 So. 2d 1100 (Fla.1988); State v. Fernandez, 501 So. 2d 648 (Fla. 3d DCA 1986). A defendant who does not testify at his suppression hearing and otherwise provides no explanation for his presence on the premises being searched has no standing to object to the search. United States v. Smith, 783 F. 2d 648 (6th…
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jones v. United States, 362 U.S. 257 (U.S. 1960)
- Rakas v. Illinois, 439 U.S. 128 (U.S. 1978)
- State v. Suco, 502 So. 2d 446 (Fla. 3d DCA 1986)