Oliver v. State
| Decision Date | 23 January 1980 |
| Citation | 383 So.2d 1200 |
| Parties | Oliver v. State NO. 56878 |
| Court | Florida Supreme Court |
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40 cases
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State v. Oquendo
... ... Beck, 602 F.2d 726, 729-30 (5th Cir.1979) (objects thrown out of car window after illegal stop properly excluded from evidence); State v. Lemmon, 318 Md. 365, 380-81, 568 A.2d 48 (1990) (drugs discarded by defendant fleeing police after illegal seizure inadmissible); but see State v. Oliver, 368 So.2d 1331, 1335-36 (Fla.App.1979), cert. dismissed, 383 So.2d 1200 (Fla.1980) ("a person's otherwise voluntary abandonment of property cannot be tainted or made involuntary by a prior illegal police stop of such person"); People v. Boodle, 47 N.Y.2d 398, 404, 391 N.E.2d 1329, 418 N.Y.S.2d ... ...
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Perez v. State
... ... While acknowledging the State's concession of the absence of reasonable suspicion for the stop, the court held that the firearm was admissible in evidence because it had been abandoned prior to any search. The court relied on its prior decision in State v. Oliver, 368 So.2d 1331 (Fla. 3d DCA 1979), cert. dismissed, 383 So.2d 1200 (Fla.1980), in which it had held that "a person's otherwise voluntary abandonment of property cannot be tainted or made involuntary by a prior illegal police stop of such person. Only when the police begin to conduct an illegal ... ...
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Morales v. State, s. 80-248
... ... Katz v. United ... Page 325 ... States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967); Norman v. State, 379 So.2d 643 (Fla.1980); Elson v. State, 337 So.2d 959, 963 (Fla.1976); State v. Oliver, 368 So.2d 1331, 1335 (Fla. 3d DCA 1979), cert. dismissed, 383 So.2d 1200 (Fla.1980). Second, the search and seizure in question, must be "unreasonable," as not all searches and seizures are proscribed by the above constitutional provisions, but only those which are "unreasonable," Elkins v ... ...
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State v. Maya
... ... That transfer of possession resulted in an inability to invoke any fourth amendment rights with respect to the items seized. Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978); see State v. Terzado, 513 So.2d 741 (Fla. 3d DCA 1987); State v. Oliver, 368 So.2d 1331 (Fla. 3d ... DCA 1979), cert. dismissed, 383 So.2d 1200 (Fla.1980); see also California v. Greenwood, 486 U.S. 35, 108 S.Ct. 1625, 100 L.Ed.2d 30 (1988) ... In accordance with these views, the order under review is reversed with directions to deny the motions to ... ...
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