THE CITY OF FORT LAUDERDALE, A MUNICIPAL CORPORATION OF FLORIDA, AND PORTER REYNOLDS, AS MAYOR, AND H. Y. LOCKHART, ROBERT A. CHILDERS, JOHN V. RUSSELL AND GEORGE C. PETERSEN, AS AND CONSTITUTING THE CITY COMMISSION OF THE CITY OF FORT LAUDERDALE, AND GENERAL M. WALL AS CITY TREASURER AND TAX COLLECTOR OF THE CITY OF FORT LAUDERDALE, APPELLANTS,
v.
THE STATE OF FLORIDA, UPON THE RELATION OF KENNETH SMITH, D/B/A SOUTHSIDE LIQUORS/APPELLEES
THE CITY OF FORT LAUDERDALE, A MUNICIPAL CORPORATION OF FLORIDA, AND PORTER REYNOLDS, AS MAYOR, AND H. Y. LOCKHART, ROBERT A. CHILDERS, JOHN V. RUSSELL AND GEORGE C. PETERSEN, AS AND CONSTITUTING THE CITY COMMISSION OF THE CITY OF FORT LAUDERDALE, AND GENERAL M. WALL AS CITY TREASURER AND TAX COLLECTOR OF THE CITY OF FORT LAUDERDALE, APPELLANTS,
THE STATE OF FLORIDA, UPON THE RELATION OF KENNETH SMITH, D/B/A SOUTHSIDE LIQUORS/APPELLEES
91 So. 2d 175
Florida Supreme Court (1956)
Positive Treatment
Cited by 19 cases
Opinion of the Court
PER CURIAM.
This cause came on to be heard on the motion of appellees to affirm the judgment appealed from pursuant to 31 F.S.A. Rule 38 of the rules of this court and it appearing to the court from an examination of the record that said' motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument ;
It is accordingly ordered, adjudged and decreed that the motion to affirm the judgment appealed from be, and the same is, hereby granted, and the judgment is
Affirmed.
DREW, C. J., and TERRELL, HOBSON and THORNAL, JJ., concur.
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Dixon v. State, 343 So. 2d 1345 (Fla. 2d DCA 1977)…h must be met to convict. Lemus v. State, 158 So. 2d 143 (Fla.3d DCA 1963). “The legality of an arrest does not depend on the conviction or acquittal of the accused. . . . ” Canney v. State, 298 So. 2d 495, 496 (Fla.2d DCA 1973): See Brown v. State, 91 So. 2d 175 (Fla.1956). . Other jurisdictions have affirmatively ruled that the odor of burning marijuana emanating from an automobile provides sufficient probable cause to arrest and/or to search the occupants as evidence of a crime committed in the presence…
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State v. Holmes, 256 So. 2d 32 (Fla. 2d DCA 1971)…. 2d 61; Brown v. State, Fla.1953, 02 So. 2d 348; Byrd v. State, Fla.1955, 80 So. 2d 094; James v. State, Fla.1955, 80 So. 2d 699; Ippolito v. State, Fla.1955, 80 So. 2d 332; Gaskins v. State, Fla.1956, 89 So. [*35] 2d 867; Brown v. State, Fla.1956, 91 So. 2d 175; Cameron v. State, Fla.App. 1st 1959, 112 So. 2d 864; Smith v. State, Fla.App.2d 1963, 155 So. 2d 826; Beacham v. State, Fla.App.3d 1905, 175 So. 2d 796; Riddlehoover v. State, Fla.App. 3d 1967, 198 So. 2d 651; Gagnon v. State, Fla.App.3d 1968, 212…
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Edelmira Chacon v. State, 102 So. 2d 578 (Fla. 1957)…searches”. We have many times held that evidence obtained as the result of a search is inadmissible only if the search is “unreasonable.” Weiner v. Kelly, Fla.1955, 82 So. 2d 155; Gaskins v. State, Fla.1956, 89 So. 2d 867; Brown v. State, Fla.1956, 91 So. 2d 175. The question of “reasonableness” or “unreasonableness” is a judicial prob [*589] lem in each instance to be resolved on the basis of the factual situation presented in each case. Every situation is to be tested by the traditional requirements of o…
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