HAROLD HALIBURTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (16 total)

• Murphy v. State, 898 So. 2d 1031 (Fla. 5th DCA 2005)
  …to think there is another person or persons in the residence and the residence can be sealed off without any danger of having the contraband destroyed while a warrant is being obtained.14 Murphy argues that his case is similar to Vasquez v. State, 870 So. 2d 26 (Fla. 2d DCA 2003), which concluded that the search and seizure of evidence in a motel room was not justified by exigent circumstances or a protective sweep. In that case, officers saw, from the public hallway, drugs, drug paraphernalia and a bullet…
• Kutzorik v. State, 891 So. 2d 645 (Fla. 2d DCA 2005)
  …counter must be analyzed). [*648] To begin with, the search was of Kutzorik’s home. The home is where a person enjoys the highest expectation of privacy. Payton v. New York, 445 U.S. 573, 585, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980); Vasquez v. State, 870 So. 2d 26, 29 (Fla. 2d DCA 2003). As such, the factors bearing on the voluntariness of a consent to search must be specially scrutinized. Gonzalez, 578 So. 2d at 732. Moreover, when the police confront a person in her home, it is clear that the authorities kn…
• Diaz v. State, 34 So. 3d 797 (Fla. 4th DCA 2010)
  …this case, which justified a protective sweep of the defendant’s home. A protective sweep is “ ‘a quick and limited search of the premises, incident to an arrest and conducted to protect the safety of police officers or others.’ ” Vasquez v. State, 870 So. 2d 26, 30 (Fla. 2d DCA 2003) (quoting Maryland v. Buie, 494 U.S. 325, 327, 110 S.Ct. 1093, 108 L.Ed.2d 276 (1990)). It may only extend to those places where a person may be hiding. Runge v. State, 701 So. 2d 1182, 1183 (Fla. 2d DCA 1997) (citing Buie, 494…