State v. Bisbee

District Court of Appeal of Florida

State v. Bisbee

367 So. 2d 1109, 1979 Fla. App. LEXIS 14497

CourtDistrict Court of Appeal of Florida

DecidedFebruary 27, 1979

DocketNo. 78-1218

StatusPublished

Cited by1 cases

This text of 367 So. 2d 1109 (State v. Bisbee) 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.

Bluebook

State v. Bisbee, 367 So. 2d 1109, 1979 Fla. App. LEXIS 14497 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

The State appeals from an order suppressing certain evidence as having been obtained from an illegal search. The State did not contest the defendant’s claim of illegality of the search. The several grounds upon which the State seeks reversal of the order to suppress have been considered in the light of the record, briefs and argument, and are held to be without merit. The procedural rulings of the court, of which the State complains, were matters within the discretion of the court. The conclusion of the trial court that the suppressed evidence was fruit of the poisonous tree, consequent upon an illegal search, had the support of competent substantial evidence. The independent evidence source doctrine asserted by the appellant as ground for reversal, is not applicable on the facts of this case.

The order appealed from is affirmed.

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PER CURIAM.

The State appeals from an order suppressing certain evidence as having been obtained from an illegal search. The State did not contest the defendant’s claim of illegality of the search. The several grounds upon which the State seeks reversal of the order to suppress have been considered in the light of the record, briefs and argument, and are held to be without merit. The procedural rulings of the court, of which the State complains, were matters within the discretion of the court. The conclusion of the trial court that the suppressed evidence was fruit of the poisonous tree, consequent upon an illegal search, had the support of competent substantial evidence. The independent evidence source doctrine asserted by the appellant as ground for reversal, is not applicable on the facts of this case.

The order appealed from is affirmed.

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367 So. 2d 1109, 1979 Fla. App. LEXIS 14497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bisbee-fladistctapp-1979.

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