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DeMontmorency v. State

Supreme Court of Florida
Feb 28, 1985
464 So. 2d 1201 (Fla. 1985)

Opinion

No. 61179.

February 28, 1985.

Appeal from the Circuit Court, Madison County, L. Arthur Lawrence, J.

Geoffrey C. Fleck and Alan S. Ross of Weiner, Robbins, Tunkey Ross, Miami, for petitioner.

Jim Smith, Atty. Gen. and David P. Gauldin, Asst. Atty. Gen., Tallahassee, for respondent.


In accordance with the recent United States Supreme Court decision in Oliver v. United States, ___ U.S. ___, 104 S.Ct. 1735, 80 L.Ed.2d 214 (1984), we grant rehearing and vacate our prior opinion in this case and hold that warrantless "open field" searches are proper, and that evidence received as a result thereof should not be suppressed. We approve the decision of the district court. 401 So.2d 858.

It is so ordered.

BOYD, C.J., and OVERTON, ALDERMAN, McDONALD and EHRLICH, JJ., concur.


Summaries of

DeMontmorency v. State

Supreme Court of Florida
Feb 28, 1985
464 So. 2d 1201 (Fla. 1985)
Case details for

DeMontmorency v. State

Case Details

Full title:DEBRA JAYNE DeMONTMORENCY, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:Supreme Court of Florida

Date published: Feb 28, 1985

Citations

464 So. 2d 1201 (Fla. 1985)

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