(DOWNLOAD) "State Florida v. Carlos O. Daniel" by Third District Court of Appeal of Florida # Book PDF Kindle ePub Free
eBook details
- Title: State Florida v. Carlos O. Daniel
- Author : Third District Court of Appeal of Florida
- Release Date : January 03, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Per Curiam. Assuming without deciding that the defendant Carlos Daniel had a reasonable expectation of privacy in the brown bag which
the police searched and seized cocaine from, and, therefore, was authorized to challenge such search as a violation of his
Fourth Amendment rights, but see Illinois v. Andreas, 463 U.S. 765, 103 S. Ct. 3319, 77 L. Ed. 2d 1003 (1983), we conclude
that the subject search was reasonable within the meaning of the Fourth Amendment based on the moving vehicle exception to
the search warrant requirement rule and that, accordingly, the trial court erred in granting the defendant's motion to suppress
the subject cocaine. We reach this result because: (1) there was, without dispute, ample probable cause to search the automobile
in which the brown bag was discovered and searched; (2) no search warrant was required to search either the automobile [even
though the automobile was immobilized at the time of the search], or the brown bag in the automobile. Chambers v. Maroney,
399 U.S. 42, 90 S. Ct. 1975, 26 L. Ed. 2d 419 (1970); see United States v. Ross, 456 U.S. 798, 102 S. Ct. 2157, 72 L. Ed.
2d 572 (1982).
 "State Florida v. Carlos O. Daniel" by Third District Court of Appeal of Florida # Book PDF Kindle ePub Free){kind=link}