ECKERT

v.

OKLAHOMA

Citator

Cited By

• State v. Louis, 571 So. 2d 1358 (Fla. 4th DCA 1990)
  …from his jacket pocket and throwing it to the ground. Appellee cannot challenge the search and seizure of property he freely and voluntarily abandoned. Abel v. United States, 362 U.S. 217, 240-41, 80 S.Ct. 683, 698, 4 L.Ed.2d 668, 686, reh’g denied, 362 U.S. 984, 80 S.Ct. 1056, 4 L.Ed.2d 1019 (1960); Compare State v. LaSalla, 536 So. 2d 1037, 1038 (Fla. 4th DCA 1988) (evidence from abandonment after unlawful seizure is not free and voluntary and must be suppressed). Accordingly, we reverse the order of sup…
• State v. LaSALLA, 536 So. 2d 1037 (Fla. 4th DCA 1988)
  …missible. The state is correct in its assertion that one may not challenge the search or seizure of property which he has freely and voluntarily abandoned. Abel v. United States, 362 U.S. 217, 240-41, 80 S.Ct. 683, 698, 4 L.Ed.2d 668, reh’g denied, 362 U.S. 984, 80 S.Ct. 1056, 4 L.Ed.2d 1019 (1960). However, LaSalla is likewise correct in his assertion that where there was an improper or unlawful act committed by law enforcement officers prior to such abandonment, evidence obtained by the search or seizure…
• Young v. United States, 344 F.2d 1006 (8th Cir. 1965)
  …rule there must b^. facts, as there were in Anderson, not mere suspicion or conjecture. Here, as in United States v. Abel, 2 Cir., 1958, 258 F. 2d 485, 494, affirmed, 1960, 362 U.S. 217, 226-230, 80 S.Ct. 683, 4 L.Ed.2d 668, rehearing denied, 1960 [362 U.S. 984], 80 S.Ct. 1056 [4 L.Ed.2d 1019], there is no basis on which this court can properly reverse the conclusion of the district judge. The Supreme Court’s decision in that case makes plain that the mere fact that two or more agencies have the same crime…