IRWIN BRENNER AND DANIEL AKINS, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1977-01-17
No. 76-1356
Before HENDRY, C. J., and PEARSON and HAVERFIELD, JJ.
341 So. 2d 287 Florida District Court of Appeal, Third District (1977) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

In their petition for rehearing defendant-appellants point out that with respect to their argument that part of the investigation was improperly conducted by the Miami police outside the city limits, most, if not all, the surveillance had taken place outside of the city in contrast to the statement in our opinion that only part of the surveillance was conducted outside the City of Miami limits. Nevertheless, the record reflects that Metro police officers searched defendants’ apartments pursuant to the warrants and effected the actual arrests. Therefore, we adhere to our original holding that the mere surveillance by the City of Miami police officers outside city limits is not sufficient grounds to invalidate the search warrants. Cf. Collins v. State, 143 So. 2d 700 (Fla. 2d DCA 1962).

Petition denied.


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  • Tucker v. Tucker, 513 So. 2d 733 (Fla. 2d DCA 1987)
    …include any reference to our decision in Borowiak v. Borowiak, 341 So. 2d 286 (Fla. 2d DCA 1977), in which it is stated that “[i]n light of the agreement, appellant’s financial need and appel-lee’s ability to pay [are] not relevant considerations.” 341 So. 2d 287. In the face of Borowiak and the absence of a compelling reason offered by the ex-husband to depart from its language, we reject his quarrel with the trial court’s evidentiary ruling. In doing so, however, we do not ignore the imperative that a tria…
  • …he matter was appealed to this court. A supersedeas bond was set and the sentence was stayed pending the appeal. The action of the trial judge was affirmed. See: Brenner v. State, 337 So. 2d 1007 (Fla. 3rd D.C.A. 1976); petition for rehearing denied 341 So. 2d 287 (Fla. 3rd D.C.A. 1977). Thereafter, within the fifteen-day period provided for in Fla.App.Rule 4.5c(6), the appellant in the cited case filed a petition for certiorari to the Supreme Court of Florida to review this court’s decision which, as of this…

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