State v. Deen

District Court of Appeal of Florida

State v. Deen

625 So. 2d 968, 1993 Fla. App. LEXIS 10670, 1993 WL 424201

CourtDistrict Court of Appeal of Florida

DecidedOctober 22, 1993

DocketNo. 92-1792

StatusPublished

Cited by4 cases

This text of 625 So. 2d 968 (State v. Deen) 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. Deen, 625 So. 2d 968, 1993 Fla. App. LEXIS 10670, 1993 WL 424201 (Fla. Ct. App. 1993).

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Opinion

GOSHORN, Judge.

The State of Florida appeals the order of the trial court suppressing the marijuana found in an automobile which Lewis was driving and in which Deen was a passenger. A review of the undisputed testimony presented at the suppression hearing shows that the police seized the marijuana as the result of a valid search incident to the lawful arrest of Lewis. See New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); Gustafson v. Florida, 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973); United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973); State v. Smith, 529 So.2d 1226 (Fla. 3d DCA 1988); State v. Boulia, 522 So.2d 528 (Fla. 2d DCA 1988). The record also shows that Deen failed to demonstrate that he had a legitimate expectation of privacy in the car in which he was a mere passenger. See State v. Fontana, 566 So.2d 937 (Fla. 4th DCA 1990), aff'd, 581 So.2d 585 (Fla.1991); Amoss v. State, 547 So.2d 716 (Fla. 1st DCA 1989). Accordingly, we reverse the suppression order that the trial court entered in favor of both Deen and Lewis and remand the cause for further proceedings.

REVERSED and REMANDED.

DAUKSCH and COBB, JJ., concur.

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GOSHORN, Judge.

The State of Florida appeals the order of the trial court suppressing the marijuana found in an automobile which Lewis was driving and in which Deen was a passenger. A review of the undisputed testimony presented at the suppression hearing shows that the police seized the marijuana as the result of a valid search incident to the lawful arrest of Lewis. See New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); Gustafson v. Florida, 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973); United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973); State v. Smith, 529 So.2d 1226 (Fla. 3d DCA 1988); State v. Boulia, 522 So.2d 528 (Fla. 2d DCA 1988). The record also shows that Deen failed to demonstrate that he had a legitimate expectation of privacy in the car in which he was a mere passenger. See State v. Fontana, 566 So.2d 937 (Fla. 4th DCA 1990), aff'd, 581 So.2d 585 (Fla.1991); Amoss v. State, 547 So.2d 716 (Fla. 1st DCA 1989). Accordingly, we reverse the suppression order that the trial court entered in favor of both Deen and Lewis and remand the cause for further proceedings.

REVERSED and REMANDED.

DAUKSCH and COBB, JJ., concur.

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625 So. 2d 968, 1993 Fla. App. LEXIS 10670, 1993 WL 424201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-deen-fladistctapp-1993.

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