Legal Opinion · Concurrence

State v. Padron

District Court of Appeal of Florida

Decided February 16, 1988No. 87-516Published

1ConcurrenceFerguson, Judge

Unlike in Aldazabal v. State, 471 So.2d 639 (Fla. 3d DCA 1985), it is not alleged that the confidential informant here was the only participant or an active participant in the negotiations for the drug transaction which forms the basis for the prosecution. Nothing in the affidavit filed in support of the motion to dismiss shows that police conduct exceeded permissible bounds as a matter of law, or negates the existence of an opportunistic predisposition on the part of the defendant to commit the offenses. In sum there is no showing of such great prejudice as would warrant the severe sanction…

2Cases cited2 opinions

  1. Aldazabal v. StateDistrict Court of Appeal of Florida · 1985
  2. State v. MandervilleDistrict Court of Appeal of Florida · 1987

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