Legal Opinion

Wheeler v. State

District Court of Appeal of Florida

Decided June 10, 2011No. 5D10-1994PublishedCited by 3 opinions

1Per curiam

The sole issue presented here is whether Appellant’s vehicle was located within the curtilage of a residence that was the target of a search warrant. The trial court concluded that it was because the vehicle was partially overlapping a portion of the driveway to the residence, and accordingly, denied Appellant’s motion to suppress a firearm and drugs located within the vehicle. We conclude that the vehicle was not within the curtilage of the residence, and accordingly, we reverse.

After conducting a controlled purchase of drugs, the police obtained a search warrant for the single family…

2Cases cited8 opinions

  1. Oliver v. United StatesSupreme Court of the United States · 1984
  2. United States v. DunnSupreme Court of the United States · 1987
  3. United States v. Michael JohnsonCourt of Appeals for the Ninth Circuit · 2001
  4. State v. GlatzmayerSupreme Court of Florida · 2001
  5. United States v. Joe Hatch A/K/A "Little Joe"Court of Appeals for the Eleventh Circuit · 1991

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3Cited by3 opinions

  1. Darwin Dwayne Davis v. State of FloridaDistrict Court of Appeal of Florida · 2018
  2. CORNELIUS SHANNON v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  3. Wheeler v. StateDistrict Court of Appeal of Florida · 2011

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