Legal Opinion

Rivera v. State

District Court of Appeal of Florida

Decided February 1, 2008No. 2D07-246Published

1Opinion of the Court

SALCINES, Judge.

Armando Rivera challenges the trial court’s denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850, raising five claims. We reverse the denial of Rivera’s claim that counsel was ineffective for failing to file a motion to dismiss or to suppress statements that were made during a warrantless probationary search. On the other claims, we affirm the denial of relief without further comment.

In ground five of his motion, Rivera claimed that statements made to law enforcement during the warrantless probationary search of his…

2Cases cited5 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Cintron v. StateDistrict Court of Appeal of Florida · 1987
  3. Savage v. StateDistrict Court of Appeal of Florida · 2002
  4. United States v. JacksonCourt of Appeals for the Eleventh Circuit · 2007
  5. Chouquer v. StateDistrict Court of Appeal of Florida · 2007

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