Legal Opinion

State v. S.P.

District Court of Appeal of Florida

Decided May 1, 1991No. 90-1340PublishedCited by 5 opinions

1Opinion of the Court

LETTS, Judge.

The state “appeals” an order granting a juvenile defendant’s motion to suppress, heard at the very beginning of an adjudicatory hearing. Upon the rendering of this order, the state was left without a case and the proceedings terminated. We reverse.

We avoid discussion as to whether this controversy is appealable, treat the notice of appeal as a petition for writ of certiorari and grant same upon the authority of State v. Weir, 569 So.2d 897 (Fla. 4th DCA 1990).

Involved are three white juveniles cruising in a Mustang at 1:30 a.m., on a school night, in a black area “well known and…

2Cases cited5 opinions

  1. Colorado v. BertineSupreme Court of the United States · 1987
  2. State v. WellsSupreme Court of Florida · 1989
  3. State v. SmithDistrict Court of Appeal of Florida · 1988
  4. State v. WeirDistrict Court of Appeal of Florida · 1990
  5. Heller v. StateDistrict Court of Appeal of Florida · 1991

3Cited by5 opinions

  1. State v. HarmonUtah Supreme Court · 1995
  2. State v. FischerDistrict Court of Appeal of Florida · 2008
  3. Key v. StateDistrict Court of Appeal of Florida · 1991
  4. State v. HarmonUtah Supreme Court · 1995
  5. State v. SPDistrict Court of Appeal of Florida · 1991

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