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State v. Rhodes

Supreme Court of Florida
Jul 1, 1993
623 So. 2d 470 (Fla. 1993)

Opinion

No. 79910.

July 1, 1993.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Fourth District — Case No. 91-2482, Broward County.

Robert A. Butterworth, Atty. Gen., Joan Fowler, Sr. Asst. Atty. Gen., Bureau Chief, and Patricia G. Lampert, Asst. Atty. Gen., West Palm Beach, for petitioner.

Richard L. Jorandby, Public Defender, and Tanja Osapoff, Asst. Public Defender, West Palm Beach, for respondent.


We have for review Rhodes v. State, 597 So.2d 974 (Fla. 4th DCA 1992), in which the Fourth District Court of Appeal reversed the respondent's conviction for purchasing crack cocaine within 1000 feet of a school because the district court found that law enforcement officials' illegal manufacturing of a controlled substance violated the due process clause of the Florida Constitution. The district court cited its decision in Kelly v. State, 593 So.2d 1060 (Fla. 4th DCA), review denied, 599 So.2d 1280 (Fla. 1992), as the basis of the reversal. The district court certified the issue raised by Kelly to this Court in Williams v. State, 593 So.2d 1064 (Fla. 4th DCA 1992), a case which we subsequently accepted for review. Thus, we accept jurisdiction of the instant case. Art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla. 1981).

Art. I, § 9, Fla. Const.

In Williams, the Fourth District Court of Appeal certified the following question as one of great public importance:

DOES THE SOURCE OF ILLEGAL DRUGS USED BY LAW ENFORCEMENT PERSONNEL TO CONDUCT REVERSE STINGS CONSTITUTIONALLY SHIELD THOSE WHO BECOME ILLICITLY INVOLVED WITH SUCH DRUGS FROM CRIMINAL LIABILITY?

593 So.2d at 1064. We subsequently addressed this issue in State v. Williams, 623 So.2d 462 (Fla. 1993), where we held

that the illegal manufacture of crack cocaine by law enforcement officials for use in a reverse-sting operation within 1000 feet of a school constitutes governmental misconduct which violates the due process clause of the Florida Constitution.

623 So.2d at 463. Accordingly, we approve the decision of the district court below.

It is so ordered.

BARKETT, C.J., and OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.

McDONALD, J., dissents.


Summaries of

State v. Rhodes

Supreme Court of Florida
Jul 1, 1993
623 So. 2d 470 (Fla. 1993)
Case details for

State v. Rhodes

Case Details

Full title:STATE OF FLORIDA, PETITIONER, v. MICHAEL ANTHONY RHODES, RESPONDENT

Court:Supreme Court of Florida

Date published: Jul 1, 1993

Citations

623 So. 2d 470 (Fla. 1993)