VE VE MURIEL TIM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VE VE MURIEL TIM, APPELLANT,
STATE OF FLORIDA, APPELLEE
553 So. 2d 370
Florida District Court of Appeal, Second District (1989)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Pursuant to our prior decision in Sotolongo v. State, 530 So. 2d 514 (Fla. 2d DCA 1988), in which we reversed the trial court’s denial of a motion to suppress evidence filed by appellant’s codefendant, and because the facts in both cases are indistinguishable, the denial of appellant’s motion to suppress evidence is reversed. We reject the state’s argument that the “good faith” exception to the warrant requirement enunciated in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), should apply.
LEHAN, A.C.J., and FRANK and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re Order on Prosecution of Criminal Appeals by the Tenth Judicial Circuit Public Defender, 561 So. 2d 1130 (Fla. 1990)…for the Tenth Judicial Circuit the responsibility of handling appeals "on behalf of any public defender within the district comprising the Second District Court of Appeal." . A prime example of this dilemma is provided by the cases of Tim v. State, 553 So. 2d 370 (Fla. 2d DCA 1989), and Sotolongo v. State, 530 So. 2d 514 (Fla. 2d DCA 1988). Tim and Sotolongo were codefendants in a trial on drug-related felony charges. The trial court denied their motions to suppress on December 3, 1986. A timely notice of ap…
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Gesell v. State, 751 So. 2d 104 (Fla. 4th DCA 1999)…405, 3430, 82 L.Ed.2d 677 (1984) applies where, as here, the officers’ reliance upon a warrant based upon an affidavit so deficient in indi-cia of probable cause fails to manifest the objective good faith standard required by Leon. See Tim v. State, 553 So. 2d 370 (Fla. 2d DCA 1989); State v. Van Pieterson, 550 So. 2d 1162 (Fla. 1st DCA 1989). Accordingly, we reverse the order denying appellant’s motion to suppress. REVERSED and REMANDED. DELL, STONE and TAYLOR, JJ., concur.…
Authorities Cited
- United States v. Leon, 468 U.S. 897 (U.S. 1984)
- State v. Edwards, 530 So. 2d 514 (Fla. 4th DCA 1988)