Brenner v. State

District Court of Appeal of Florida

Brenner v. State

341 So. 2d 287, 1977 Fla. App. LEXIS 15080

CourtDistrict Court of Appeal of Florida

DecidedJanuary 17, 1977

DocketNo. 76-1356

StatusPublished

Cited by2 cases

This text of 341 So. 2d 287 (Brenner v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brenner v. State, 341 So. 2d 287, 1977 Fla. App. LEXIS 15080 (Fla. Ct. App. 1977).

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Opinion

ON PETITION FOR REHEARING

PER CURIAM.

In their petition for rehearing defendant-appellants point out that with respect to their argument that part of the investigation was improperly conducted by the Miami police outside the city limits, most, if not all, the surveillance had taken place outside of the city in contrast to the statement in our opinion that only part of the surveillance was conducted outside the City of Miami limits. Nevertheless, the record reflects that Metro police officers searched defendants’ apartments pursuant to the warrants and effected the actual arrests. Therefore, we adhere to our original holding that the mere surveillance by the City of Miami police officers outside city limits is not sufficient grounds to invalidate the search warrants. Cf. Collins v. State, 143 So.2d 700 (Fla. 2d DCA 1962).

Petition denied.

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ON PETITION FOR REHEARING

PER CURIAM.

In their petition for rehearing defendant-appellants point out that with respect to their argument that part of the investigation was improperly conducted by the Miami police outside the city limits, most, if not all, the surveillance had taken place outside of the city in contrast to the statement in our opinion that only part of the surveillance was conducted outside the City of Miami limits. Nevertheless, the record reflects that Metro police officers searched defendants’ apartments pursuant to the warrants and effected the actual arrests. Therefore, we adhere to our original holding that the mere surveillance by the City of Miami police officers outside city limits is not sufficient grounds to invalidate the search warrants. Cf. Collins v. State, 143 So.2d 700 (Fla. 2d DCA 1962).

Petition denied.

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341 So. 2d 287, 1977 Fla. App. LEXIS 15080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brenner-v-state-fladistctapp-1977.

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