DAVID W. CORBITT, ALEXANDER J. RAYA, JR., PLAINTIFFS-APPELLANTS,
v.
HOME DEPOT U.S.A., INC., DEFENDANT-APPELLEE
DAVID W. CORBITT, ALEXANDER J. RAYA, JR., PLAINTIFFS-APPELLANTS,
HOME DEPOT U.S.A., INC., DEFENDANT-APPELLEE
598 F.3d 1259
Court of Appeals for the Eleventh Circuit (2010)
Caution
Cited by 16 cases
Opinion of the Court
BY THE COURT: A member of this Court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.
Cases With Similar Vibessemantic neighbors from the corpus
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Montgomery v. State, 69 So. 3d 1023 (Fla. 5th DCA 2011)…ition of sound that is audible more than 50 feet away). . Montgomery’s remaining point, challenging the search of his vehicle under Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009), is without merit. See United States v. Davis, 598 F. 3d 1259 (11th Cir.2010); Brown v. State, 24 So. 3d 671, 680 (Fla. 5th DCA 2009), review denied, 39 So. 3d 1264 (Fla.2010); see also Howard v. State, 59 So. 3d 229, 231 & n. 2 (Fla. 2d DCA 2011); State v. Harris, 58 So. 3d 408, 410-11 (Fla. 1st DCA), review…
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State v. Harris, 58 So. 3d 408 (Fla. 1st DCA 2011)…academies.” Id. at 680-81. “To apply the exclusionary rule in this case cannot possibly deter police because they did exactly what they were trained to do based on what we (judges) told them was appropriate.” Id. at 681. In United States v. Davis, 598 F. 3d 1259 (11th Cir.2010), cert. granted, — U.S. —, 131 S.Ct. 502, 178 L.Ed.2d 368 (U.S. Nov. 1, 2010), the defendant was a passenger in a car during a routine traffic stop, and after he gave a false name, he was arrested and handcuffed and secured in a patro…1 / 2
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Davis v. United States, 564 U.S. 229 (U.S. 2011)…firearms charge. [*236] While Davis’ appeal was pending, this Court decided Gant. The Eleventh Circuit, in the opinion below, applied Ganfs new rule and held that the vehicle search incident to Davis’ arrest “violated [his] Fourth Amendment rights.” 598 F. 3d 1259, 1263 (CA11 2010). As for whether this constitutional violation warranted suppression, the Eleventh Circuit viewed that as a separate issue that turned on “the potential of exclusion to deter wrongful police conduct.” Id., at 1265 (quoting Herring v…1 / 2
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