State v. Eastman

Florida Circuit Courts

State v. Eastman

35 Fla. Supp. 2d 91

CourtCircuit Court for the Judicial Circuits of Florida

DecidedMay 22, 1989

DocketCase No. 87-108AC (County Court Case No. 87-16316MM10)

StatusPublished

This text of 35 Fla. Supp. 2d 91 (State v. Eastman) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits 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. Eastman, 35 Fla. Supp. 2d 91 (Fla. Super. Ct. 1989).

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Opinion

OPINION OF THE COURT

ARTHUR J. FRANZA, Circuit Judge.

THIS COURT adopts the opinion of Rucker v State, 302 So.2d 490 (Fla. 2d DCA 1974) and the dissenting opinion of Gasset v State, 490 So.2d 97 (Fla. 3d DCA 1986) rev. den. 500 So.2d 544 (Fla. 1986) as controlling.

The principles of the Great Revolution and the 4th Amendment are too ingrained to be invaded or eroded because of “fleeing” and a DUI after arrest. A man’s home is still his castle except for enumerated exceptions cited in Welst v Wisconsin, 466 U.S. 740 80 L.Ed2d 732, 104 S.Ct. 2091 (1984) and none appear here.

Obviously the Appellant is legally being “excused” for wrong doing, [92]*92but that is the price we pay so the rest of us can be assured of our Constitutional privileges and our revered principles.

Affirmed.

DONE AND ORDERED at Broward County, Florida on this 22nd day of May, 1989.

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OPINION OF THE COURT

ARTHUR J. FRANZA, Circuit Judge.

THIS COURT adopts the opinion of Rucker v State, 302 So.2d 490 (Fla. 2d DCA 1974) and the dissenting opinion of Gasset v State, 490 So.2d 97 (Fla. 3d DCA 1986) rev. den. 500 So.2d 544 (Fla. 1986) as controlling.

The principles of the Great Revolution and the 4th Amendment are too ingrained to be invaded or eroded because of “fleeing” and a DUI after arrest. A man’s home is still his castle except for enumerated exceptions cited in Welst v Wisconsin, 466 U.S. 740 80 L.Ed2d 732, 104 S.Ct. 2091 (1984) and none appear here.

Obviously the Appellant is legally being “excused” for wrong doing, [92]*92but that is the price we pay so the rest of us can be assured of our Constitutional privileges and our revered principles.

Affirmed.

DONE AND ORDERED at Broward County, Florida on this 22nd day of May, 1989.

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Bluebook (online)

35 Fla. Supp. 2d 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-eastman-flacirct-1989.

Opinion

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