WILLIAM SADOWSKI, APPELLANT,
v.
ROBERT SHEVIN, ATTORNEY GENERAL FOR THE STATE OF FLORIDA, ET AL., APPELLEES, AND RONALD S. LIEBERMAN, INTERVENOR-APPELLEE

Fla. 3d DCA | 1977-04-25
No. 76-1036
Before HENDRY and NATHAN, JJ., and SACK, MARTIN, Associate Judge.
345 So. 2d 815 Florida District Court of Appeal, Third District (1977) Positive Treatment
Cited by 5 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

WHEREAS, the judgment of this court was entered on June 24, 1976 affirming the order of the circuit court of Dade County, Florida, in the above styled cause; and

WHEREAS, on review of this court’s judgment, by appeal, the Supreme Court of Florida by its opinion and judgment filed March 10,1977 (345 So. 2d 330) and mandate now lodged in this court, quashed this court’s judgment;

NOW, THEREFORE, It is Ordered that the judgment of this court filed June 24, 1976 is vacated and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the order of the trial court appealed herein is reversed and the causé is remanded for further proceedings consistent with the opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the trial court (Rule 3.16(b), Florida Appellate Rules).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • State v. Irvin, 483 So. 2d 461 (Fla. 5th DCA 1986)
    …his is because we fully agree with Judge Mann’s views in Holmes that such an inquiry is not only essentially irrelevant to the proper ones, which are the existence and validity of any asserted objective grounds for the detention, cf. Diggs v. State, 345 So. 2d 815 (Fla. 2d DCA), cert. denied, 353 So. 2d 679 (Fla.1977), but that even phrasing the question in that subtly pejorative fashion may skew the result.…
  • State v. Kehoe, 498 So. 2d 560 (Fla. 4th DCA 1986)
    …ion for the stop was suspicion of serious criminal activity. See State v. Gray, 366 So. 2d 137 (Fla.2d DCA 1979) (missing taillight, tag light, or lack of clearance lights not sufficiently serious traffic violations to justify stop); Diggs v. State, 345 So. 2d 815 (Fla.2d [*565] DCA) (stop by officer to check driver’s license invalid as “pretext” stop, though officer had reason to believe defendant did not have a license), cert. denied, 353 So. 2d 679 (Fla.1977); Urquhart v. State, 261 So. 2d 535 (Fla.2d DCA…
  • Granville v. State, 348 So. 2d 641 (Fla. 2d DCA 1977)
    …asis upon which to arrest appellant one officer took appellant into custody, while the other began searching the vehicle. The circumstances in this case give every indication that the search was pretextual and therefore invalid. See Diggs v. State, 345 So. 2d 815 (Fla.2d DCA 1977). When they came in contact with appellant, the police officers were on their way to his house to question him regarding the robbery they were investigating. Appellant had not committed any traffic violation. It was purely fortuitou…

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