Goodwin v. State

District Court of Appeal of Florida

Goodwin v. State

450 So. 2d 582, 1984 Fla. App. LEXIS 13432

CourtDistrict Court of Appeal of Florida

DecidedMay 15, 1984

DocketNo. 83-170

StatusPublished

This text of 450 So. 2d 582 (Goodwin 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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Goodwin v. State, 450 So. 2d 582, 1984 Fla. App. LEXIS 13432 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

The state concedes that the search which emanated from the same warrant as was determined to be defective in Blue v. State, 441 So.2d 165 (Fla. 3d DCA 1983) was illegal. Nonetheless, the state now argues for the first time that the defendant Goodwin did not have a reasonable expectation of privacy in the nursery and therefore has no standing to challenge the illegal search. Accordingly, following Morales v. State, 407 So.2d 321, 326 (Fla. 3d DCA 1981) and State v. Doyle, 409 So.2d 1168 (Fla. 3d DCA 1982), we remand to the trial court to afford the defendant the opportunity to establish that the unlawful search invaded his reasonable expectation of privacy.

Reversed and remanded.

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PER CURIAM.

The state concedes that the search which emanated from the same warrant as was determined to be defective in Blue v. State, 441 So.2d 165 (Fla. 3d DCA 1983) was illegal. Nonetheless, the state now argues for the first time that the defendant Goodwin did not have a reasonable expectation of privacy in the nursery and therefore has no standing to challenge the illegal search. Accordingly, following Morales v. State, 407 So.2d 321, 326 (Fla. 3d DCA 1981) and State v. Doyle, 409 So.2d 1168 (Fla. 3d DCA 1982), we remand to the trial court to afford the defendant the opportunity to establish that the unlawful search invaded his reasonable expectation of privacy.

Reversed and remanded.

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450 So. 2d 582, 1984 Fla. App. LEXIS 13432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodwin-v-state-fladistctapp-1984.

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