RANDALL J. REAGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RANDALL J. REAGAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
667 So. 2d 378
Florida District Court of Appeal, First District (1995)
Caution
Cited by 11 cases
Opinion of the Court
PER CURIAM.
We reverse the trial court’s denial of the motion to suppress. The trial court found that the initial stop was illegal, and we find that there were no legally sufficient intervening circumstances which would result in the ultimate search not being considered fruits of the poisonous tree. See Libby v. State, 561 So. 2d 1253 (Fla. 2d DCA 1990); Kimbrough v. State, 539 So. 2d 619 (Fla. 4th DCA 1989); and Rozier v. State, 368 So. 2d 379 (Fla. 3d DCA 1979). The judgment below is reversed, and the case remanded with directions to grant the motion to suppress.
WOLF, LAWRENCE and BENTON, JJ., concur.
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Citator
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State v. Frierson, 926 So. 2d 1139 (Fla. 2006)…an illegal detention”); Kimbrough v. State, 539 So. 2d 619, 619 (Fla. 4th DCA 1989) (holding that physical evidence obtained in search of defendant during detention lacking founded suspicion “would properly be suppressed”); see also Reagan v. State, 667 So. 2d 378, 378 (Fla. 1st DCA 1995) (citing to Libby and Kimbrough in holding that “there were no legally sufficient intervening circumstances” that would render admissible fruits of search conducted after illegal initial stop). In accord with these decisions…
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Ahmad Saidi v. Wasko, 687 So. 2d 10 (Fla. 5th DCA 1996)…a time in the final judgment, before which the mortgagor must exercise his right of redemption or forfeit that right. If the judgment makes no such provision the right to redeem expires when the clerk files the certificate of sale. Bennett v. Ward, 667 So. 2d 378 (Fla. 1st DCA 1995); Emanuel. In this case, the final judgment of foreclosure contained paragraph eight, which provided: On filing the certificate of title Defendants and all persons claiming under or against Defendants since the filing of the not…
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John Ellis "Jeb" Bush v. Holmes, 767 So. 2d 668 (Fla. 1st DCA 2000)…compliance with rule 1.440 is mandatory”). That is not the situation here. Moreover, appellants appear to have acquiesced in the procedure adopted by the trial court, objecting only to the plaintiffs’ fact-intensive assertions. See Bennett v. Ward, 667 So. 2d 378, 380 (Fla. 1st DCA 1995) (explaining that appellant “may have waived objection not only to notice of trial but, more fundamentally, to the apparent omission altogether of any bench trial or evi-dentiary hearing” where, although no motion for summary…
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- Kimbrough v. State, 539 So. 2d 619 (Fla. 4th DCA 1989)
- Libby v. State, 561 So. 2d 1253 (Fla. 2d DCA 1990)
- Rozier v. State, 368 So. 2d 379 (Fla. 3d DCA 1979)