ANTHONY FONTANA, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
Explore caselaw by topic → Browse Standing To Challenge Search cases and more on FLexlaw
OVERTON, Justice.
This is a petition to review State v. Fontana, 566 So. 2d 937 (Fla. 4th DCA 1990), in which the district court reversed a trial court’s order suppressing cocaine found on the passenger’s side of a car and held that the passenger, Fontana, had no standing to challenge the search. We find conflict with Griggs v. State, 565 So. 2d 361 (Fla. 1st DCA 1990).1
The district court’s majority opinion sets forth the facts, and we note that the circumstances of this incident establish that Fontana was lawfully stopped and detained. We find that the district court correctly concluded that Fontana has no standing to challenge the search. We agree that Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978), controls and fully approve the opinion of the district court.
It is so ordered.
SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. . We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Hernandez, 718 So. 2d 833 (Fla. 3d DCA 1998)…. 128, 148, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978); see also Amoss v. State, 547 So. 2d 716, 717 (Fla. 1st DCA 1989). A passenger, however, does have standing in one of two situations: (1) where the vehicle was unlawfully stopped, see Fontana v. State, 581 So. 2d 585, 585 (Fla.1991); Wulff v. State, 533 So. 2d 1191, 1191-92 (Fla. 2d DCA 1988); State v. Beja, 451 So. 2d 882, 883 (Fla. 4th DCA 1984); or (2) where the passenger establishes a legitimate expectation of privacy in the area searched by demonstrating, f…
-
Welch v. State, 741 So. 2d 1268 (Fla. 5th DCA 1999)…or trivial traffic infractions, but it declined to hold the statute unconstitutional. Initially, the state argued at the suppression hearing and on appeal that Welch lacks standing to contest the validity of the search. See, e.g., Fontana v. State, 581 So. 2d 585 (Fla.1991) (passenger had no standing to challenge search); State v. Hernandez, 718 So. 2d 833 (Fla. 3d DCA 1998) (passenger who was lawfully stopped lacked standing to challenge the subsequent search of the vehicle where he asserted no ownership or…
-
State v. Deen, 625 So. 2d 968 (Fla. 5th DCA 1993)…a, 522 So. 2d 528 (Fla. 2d DCA 1988). The record also shows that Deen failed to demonstrate that he had a legitimate expectation of privacy in the car in which he was a mere passenger. See State v. Fontana, 566 So. 2d 937 (Fla. 4th DCA 1990), aff'd, 581 So. 2d 585 (Fla.1991); Amoss v. State, 547 So. 2d 716 (Fla. 1st DCA 1989). Accordingly, we reverse the suppression order that the trial court entered in favor of both Deen and Lewis and remand the cause for further proceedings. REVERSED and REMANDED. DAUKS…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rakas v. Illinois, 439 U.S. 128 (U.S. 1978)
- Tanya v. Griggs, 565 So. 2d 361 (Fla. 1st DCA 1990)
- State v. Fontana, 566 So. 2d 937 (Fla. 4th DCA 1990)