STUART DELANCY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Luna v. State, 154 So. 3d 1181 (Fla. 4th DCA 2015)
  …d). “The appellate court defers to the trial court’s findings regarding the facts and uses the de novo standard of review for legal conclusions.” Nshaka v. State, 82 So. 3d 174,178-79 (Fla. 4th DCA 2012) (citation omitted); see also Bethel v. State, 93 So. 3d 410, 413 (Fla. 4th DCA 2012). Appellant claims that the trial court erred in denying his motion to suppress, because the search warrant would not have been issued had the detective included in the affidavit the illegal conduct of the road patrol office…
• Gomez v. State, 155 So. 3d 1184 (Fla. 4th DCA 2014)
  …). “Probable cause to arrest or search exists when the totality of the facts and circumstances within an officer’s knowledge sufficiently warrant a reasonable person to believe that, more likely than not a crime has been committed.” Bethel v. State, 93 So. 3d 410, 413 (Fla. 4th DCA 2012) (quoting State v. Blaylock, 76 So. 3d 13, 14 (Fla. 4th DCA 2011)). This is a low standard that does not require absolute certainty about criminal activity. Blaylock, 76 So. 3d at 15. Additionally, “[u]nder the [fellow office…
• State v. McRAE, 194 So. 3d 524 (Fla. 1st DCA 2016)
  …ality of warrant-less entry by police officers, the exigent circumstance must involve a threat to the safety of the public, property, or police which required immediate action by officers with no time to obtain a warrant”); see also Bethel v. State, 93 So. 3d 410, 414 (Fla. 4th DCA 2012) (finding exigent circumstances — “to protect officers’ safety” existed to justify a warrantless entry into the curtilage of the defendant’s house where the officer recognized the butt of a handgun .sticking out of the defend…