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eBook details

• Title: State Florida v. G.C.
• Author : Supreme Court of Florida
• Release Date : January 03, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

James Sarantopoulos petitions this Court for review of State v. Sarantopoulos, 604 So.2d 551 (Fla. 2d DCA 1992), in which the district court certified conflict with West v. State, 588 So.2d 248 (Fla. 4th DCA 1991). In Sarantopoulos, the Second District Court of Appeal held that a search predicated on observations made by police officers from private property adjacent to a defendants property is legal even if the defendants property is surrounded by a fence and even if the officers are on the adjacent property without the owners permission. In West, on the other hand, the Fourth District Court of Appeal held that a search predicated on observations made by police officers from private property adjacent to a defendants property is illegal if the defendants property is surrounded by a fence, even if the officers are on the adjacent property with the owners permission. We have jurisdiction pursuant to article V, section 3(b)(4), of the Florida Constitution. For the reasons expressed, we approve the district courts decision in this case and disapprove the Fourth District Courts decision in West.

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