PRIVITERA ET UX.

v.

UNITED STATES

Citator

Cited By (20 total)

• DeMONTMORENCY v. State, 401 So. 2d 858 (Fla. 1st DCA 1981)
  …been said that expectations of privacy are “inherent” in the common law concept of “curtilage.” United States v. Van Dyke, 643 F. 2d 992 (4th Cir. 1980). See United States ex rel. Saiken v. Bensinger, 546 F. 2d 1292, 1296 (7th Cir. 1976), cert. den. 431 U.S. 930, 97 S.Ct. 2633, 53 L.Ed.2d 245 (1977); and see also, Giddens v. State, 156 Ga.App. 258, 274 S.E. 2d 595, 596 (1980), recognizing an expectation of privacy arising under “the traditional rules applied to one’s dwelling or surrounding curtilage.” If…
• Groh v. Hasencamp, 407 So. 2d 949 (Fla. 3d DCA 1981)
  …f custom, usage or conduct in that Dandy and Karen’s other horse remained on the property with Phil’s knowledge after his express consent was purportedly withdrawn. See Florida Publishing Company v. Fletcher, 340 So. 2d 914 (Fla.1976), cert. denied, 431 U.S. 930, 97 S.Ct. 2634, 53 L.Ed.2d 245 (1977); Boston Manufacturers Mut. Ins. Co. v. Fornalski, 234 So. 2d 386 (Fla. 4th DCA), cert. denied, 238 So. 2d 426 (Fla.1970). Whether implied consent existed need not be resolved, however, because as we have point…
• Brennan v. State, 651 So. 2d 244 (Fla. 3d DCA 1995)
  …cannot stand where the undisputed evidence disclosed that appellant had permission from the victim’s agent to go onto the boat to remove appellant’s unpaid for repair part. Florida Publishing Co. v. Fletcher, 340 So. 2d 914 (Fla.1976), cert. denied, 431 U.S. 930, 97 S.Ct. 2634, 53 L.Ed.2d 245 (1977) (consent, or circumstances which imply consent, is a defense to trespass); Coleman v. State, 592 So. 2d 300 (Fla. 2d DCA 1991) (consent is an affirmative defense to burglary). Accordingly, that conviction is rev…