Heiser v. State

Decision Date18 December 1991
Citation593 So.2d 1052
PartiesHeiser (Carl) v. State NO. 78,673 593 So.2d 1052
CourtFlorida Supreme Court

Appeal From: 4th DCA

583 So.2d 389

Rev. den.

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2 cases
  • Black v. State
    • United States
    • Florida District Court of Appeals
    • December 17, 1993
    ... ... at 741-42, 103 S.Ct. at 1543, 75 L.Ed.2d at 508. Accord, State v. Heiser, 583 So.2d 389 (Fla. 4th DCA 1991), rev. denied, 593 So.2d 1052 (Fla.1991) ...         The determination of a trial court in ruling on a motion to suppress comes to an appellate court clothed with a presumption of correctness, and a reviewing court will interpret the evidence and ... ...
  • State v. Carley, 92-02769
    • United States
    • Florida District Court of Appeals
    • March 11, 1994
    ... ... The officer's use of the flashlight did not violate constitutional principles. Texas v. Brown, 460 U.S. 730, 103 S.Ct. 1535, 75 L.Ed.2d 502 (1983); State v. Ecker, 550 So.2d 545 (Fla. 2d DCA 1989). It merely enhanced the officer's "plain view" of the gun. See State v. Heiser, 583 So.2d 389 (Fla. 4th DCA), review denied, 593 So.2d 1052 (Fla.1991). Once the gun was found, the officers were entitled to search the appellee incident to his arrest. Thus, the evidence was legally obtained during the encounter and should not have been suppressed ... ...

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