STATE OF FLORIDA, PLAINTIFF,

v.

RONALD MARTIN ALBERT, DEFENDANT

Citator

Cited By

• State v. Morsman, 394 So. 2d 408 (Fla. 1981)
  …possession of marijuana. After his motion to suppress evidence was denied, he pled nolo contendere, reserving his right to appeal denial of the motion. The court of appeal reversed, holding that the search and seizure were illegal. Morsman v. State, 360 So. 2d 137 (Fla. 2d DCA 1978). This cause is here on grounds that the lower court decision allegedly conflicts with decisions of this Court and the Florida Fourth District Court of Appeal. Art. V, § 3(b)(3), Fla.Const. We affirm. One of the defendant's neighb…
• State v. Rickard, 420 So. 2d 303 (Fla. 1982)
  …press the marijuana seized from the trousers pocket as being incident to lawful arrest. However, the court reversed the denial of the motion to suppress the marijuana plants seized from defendant’s backyard, citing as its authority Morsman v. State, 360 So. 2d 137 (Fla. 2d DCA 1978), cert. disch., 394 So. 2d 408 (Fla.1981). The district court certified the following question to this Court: Where contraband is seen in plain view by police in the defendant’s back yard from a point adjacent to the property, may…
• Fla. Dep't of Agric. & Consumer Servs. v. John M. and Patricia A. Haire, 836 So. 2d 1040 (Fla. 4th DCA 2003)
  …otected by the Fourth Amendment due to the lack of expectation of privacy in what is visible to the entire public, while a backyard is, as a general rule, protected. Compare Wysong v. State, 614 So. 2d 670 (Fla. 4th DCA 1993), with Morsman v. State, 360 So. 2d 137 (Fla. 2d DCA 1978). However, even these general rules are subject to the fact specific analysis required by Dunn. Therefore, the trial court erred in requiring the Department to obtain a search warrant for every entry upon property without consideri…

Authorities Cited

• Boyer v. City OF Orlando, 232 So. 2d 169 (Fla. 1970)