Legal Opinion

State v. Nowak

District Court of Appeal of Florida

Decided December 5, 2008No. 5D07-3833PublishedCited by 4 opinions

1Opinion of the CourtLawson, J.

The State of Florida appeals an order suppressing statements made by defendant Lisa Marie Nowak to police, along with evidence obtained from a search of Nowak’s vehicle. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(B). We affirm the suppression of Nowak’s statements, but reverse suppression of the physical evidence.

Standard of Review

A trial court’s rulings on a motion to suppress come to this court with a presumption of correctness. State v. Ernst, 809 So.2d 52, 54 (Fla. 5th DCA 2002). Accordingly, the evidence and all reasonable inferences “must be…

2Cases cited17 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Illinois v. GatesSupreme Court of the United States · 1983
  3. Carroll v. United StatesSupreme Court of the United States · 1925
  4. Spinelli v. United StatesSupreme Court of the United States · 1969
  5. Brinegar v. United StatesSupreme Court of the United States · 1949

12 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Brown v. StateDistrict Court of Appeal of Florida · 2014
  2. Bainter v. StateDistrict Court of Appeal of Florida · 2014
  3. State v. GardnerDistrict Court of Appeal of Florida · 2011
  4. State v. Diaz-OrtizDistrict Court of Appeal of Florida · 2015

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