State v. Stafford

District Court of Appeal of Florida

State v. Stafford

433 So. 2d 65, 1983 Fla. App. LEXIS 27822

CourtDistrict Court of Appeal of Florida

DecidedJune 22, 1983

DocketNo. 82-1231

StatusPublished

This text of 433 So. 2d 65 (State v. Stafford) 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. Stafford, 433 So. 2d 65, 1983 Fla. App. LEXIS 27822 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

We reverse the order granting appellees’ motion to suppress 40 bales of marijuana.

A careful review of the record reveals that the search and seizure were amply warranted either on the basis of consent, U.S. v. Ross, 456 U.S. 798, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982), State v. Custer, 251 So.2d 287 (Fla. 2d DCA 1971), Grimes v. State, 416 So.2d 488 (Fla. 1st DCA 1982) or on the basis of probable cause and the plain view doctrine. Harris v. United States, 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067 (1968), Benefield v. State, 160 So.2d 706 (Fla.1964), State v. Ashby, 245 So.2d 225 (Fla.1971); Jester v. State, 339 So.2d 242 (Fla. 3d DCA 1976); State v. Redding, 362 So.2d 170 (Fla. 2d DCA 1978) and Albo v. State, 379 So.2d 648 (Fla.1980).

Reversed and remanded.

GLICKSTEIN, DELL and WALDEN, JJ., concur.

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PER CURIAM.

We reverse the order granting appellees’ motion to suppress 40 bales of marijuana.

A careful review of the record reveals that the search and seizure were amply warranted either on the basis of consent, U.S. v. Ross, 456 U.S. 798, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982), State v. Custer, 251 So.2d 287 (Fla. 2d DCA 1971), Grimes v. State, 416 So.2d 488 (Fla. 1st DCA 1982) or on the basis of probable cause and the plain view doctrine. Harris v. United States, 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067 (1968), Benefield v. State, 160 So.2d 706 (Fla.1964), State v. Ashby, 245 So.2d 225 (Fla.1971); Jester v. State, 339 So.2d 242 (Fla. 3d DCA 1976); State v. Redding, 362 So.2d 170 (Fla. 2d DCA 1978) and Albo v. State, 379 So.2d 648 (Fla.1980).

Reversed and remanded.

GLICKSTEIN, DELL and WALDEN, JJ., concur.

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433 So. 2d 65, 1983 Fla. App. LEXIS 27822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stafford-fladistctapp-1983.

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