STATE OF FLORIDA, PETITIONER,
v.
RUFUS CHARLES CURRY, RESPONDENT
STATE OF FLORIDA, PETITIONER,
RUFUS CHARLES CURRY, RESPONDENT
621 So. 2d 410
Florida Supreme Court (1993)
Positive Treatment
Cited by 12 cases
Opinion of the Court
OVERTON, Justice.
We have for review Curry v. State, 576 So. 2d 890 (Fla. 2d DCA 1991), in which the district court held that the respondent’s act of spitting out cocaine was the result of an officer’s illegal detention, and, thus, the cocaine was subject to suppression. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Consistent with our recent decision in Hollinger v. State, 620 So. 2d 1242 (Fla.1993), we approve the decision of the district court in this case.
It is so ordered.
BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
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Fla. Interexchange Carriers Ass'n v. Clark, 678 So. 2d 1267 (Fla. 1996)…it is charged with enforcing is entitled to great deference and will be approved by this Court if it is not clearly erroneous. Florida Cable Television Ass’n v. Deason, 635 So. 2d 14, 15 (Fla.1994); Floridians for Responsible Util. Growth v. Beard, 621 So. 2d 410, 412 (Fla.1993). The party challenging the Commission’s order bears the burden of overcoming those presumptions by showing a departure from the essential requirements of law. City of Tallahassee v. Mann, 411 So. 2d at 164; Shevin v. Yarborough, 274…
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Amos Lewis Cowart v. State, 635 So. 2d 1063 (Fla. 2d DCA 1994)…from high crime area at 3:00 a.m. did not give rise to well founded suspicion of criminal behavior); Curry v. State, 576 So. 2d 890 (Fla. 2d DCA 1991) (no reasonable suspicion when group of males in drug area disperse at sight of police), approved, 621 So. 2d 410 (Fla.1993). A person’s tacit approval to be searched following an unlawful detention is presumed involuntary and will not, without more, “break the chain” of the illegality. Hills v. State, 629 So. 2d 152 (Fla. 1st DCA 1993); Mitchell v. State, 558…
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DOE v. State, 634 So. 2d 613 (Fla. 1994)…en recent decisions holding that a suspect is seized under the Fourth Amendment when that person merely submits to the State’s assertion of authority. See California v. Hodari D., 499 U.S. 621, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991); State v. Curry, 621 So. 2d 410 (Fla.1993); Hollinger v. State, 620 So. 2d 1242 (Fla.1993). I do not read United States v. Dionisio, 410 U.S. 1, 93 S.Ct. 764, 35 L.Ed.2d 67 (1973), or United States v. Euge, 444 U.S. 707, 100 S.Ct. 874, 63 L.Ed.2d 141 (1980), as controlling precede…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hollinger v. State, 620 So. 2d 1242 (Fla. 1993)
- Curry v. State, 576 So. 2d 890 (Fla. 2d DCA 1991)