State v. Famiglietti

District Court of Appeal of Florida

State v. Famiglietti

397 So. 2d 419, 1981 Fla. App. LEXIS 19303

CourtDistrict Court of Appeal of Florida

DecidedApril 22, 1981

DocketNo. 80-1386

StatusPublished

This text of 397 So. 2d 419 (State v. Famiglietti) 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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State v. Famiglietti, 397 So. 2d 419, 1981 Fla. App. LEXIS 19303 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

This cause is remanded to the trial court with instructions to conduct an evidentiary hearing to determine whether defendant had a reasonable expectation of privacy in the area searched and thus, whether defendant had standing to contest the search and seizure within the dwelling. See Rawlings v. Kentucky, 448 U.S. 98, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980); United States [420]*420v. Salvucci, 448 U.S. 83, 100 S.Ct. 2547, 65 L.Ed.2d 619 (1980); Inchaustegui v. State, 392 So.2d 319 (Fla.4th DCA 1980).

BERANEK, GLICKSTEIN, and HURLEY, JJ., concur.

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PER CURIAM.

This cause is remanded to the trial court with instructions to conduct an evidentiary hearing to determine whether defendant had a reasonable expectation of privacy in the area searched and thus, whether defendant had standing to contest the search and seizure within the dwelling. See Rawlings v. Kentucky, 448 U.S. 98, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980); United States [420]*420v. Salvucci, 448 U.S. 83, 100 S.Ct. 2547, 65 L.Ed.2d 619 (1980); Inchaustegui v. State, 392 So.2d 319 (Fla.4th DCA 1980).

BERANEK, GLICKSTEIN, and HURLEY, JJ., concur.

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397 So. 2d 419, 1981 Fla. App. LEXIS 19303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-famiglietti-fladistctapp-1981.

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