State v. Erp

District Court of Appeal of Florida

State v. Erp

366 So. 2d 51, 1978 Fla. App. LEXIS 16829

CourtDistrict Court of Appeal of Florida

DecidedDecember 6, 1978

DocketNo. 77-1837

StatusPublished

Cited by14 cases

This text of 366 So. 2d 51 (State v. Erp) 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. Erp, 366 So. 2d 51, 1978 Fla. App. LEXIS 16829 (Fla. Ct. App. 1978).

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Opinion

DAUKSCH, Judge.

.On appeal is an order granting a new trial. While we agree the trial court was correct in granting the new trial and perhaps the question of the arrest, search and seizure should be reconsidered we cannot now hold U. S. v. Chadwick, 433 U.S. 1, 97 S.Ct. 2476, 53 L.Ed.2d 538 (1977) is determinative in this matter. For that reason we affirm the order granting the new trial but do not rule Chadwick to be law of the case.

AFFIRMED and REMANDED.

LEFFLER, KENNETH M.,' Associate Judge, concurs. CROSS, J., concurs only in conclusion.

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DAUKSCH, Judge.

.On appeal is an order granting a new trial. While we agree the trial court was correct in granting the new trial and perhaps the question of the arrest, search and seizure should be reconsidered we cannot now hold U. S. v. Chadwick, 433 U.S. 1, 97 S.Ct. 2476, 53 L.Ed.2d 538 (1977) is determinative in this matter. For that reason we affirm the order granting the new trial but do not rule Chadwick to be law of the case.

AFFIRMED and REMANDED.

LEFFLER, KENNETH M.,' Associate Judge, concurs. CROSS, J., concurs only in conclusion.

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366 So. 2d 51, 1978 Fla. App. LEXIS 16829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-erp-fladistctapp-1978.

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