Legal Opinion · Dissent

Armstrong v. State

District Court of Appeal of Florida

Decided April 7, 2010No. 1D08-6025Published

1DissentBenton, J.

The only real issue at the suppression hearing was whether, as the defense contended, the initial search was state (governmental) action. The prosecution maintained that the initial search the law enforcement officers conducted should be deemed to haye been “effected by a private individual not acting as an agent of the Government or with the participation or knowledge of any governmental official.” United States v. Jacobsen, 466 U.S. 109, 113, 104 S.Ct. 1652, 80 L.Ed.2d 85 (1984) (quoting Walter v. United States, 447 U.S. 649, 662, 100 S.Ct. 2395, 65 L.Ed.2d 410 (1980) (Blackmun, J.,…

2Cases cited16 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Ornelas v. United StatesSupreme Court of the United States · 1996
  3. United States v. PlaceSupreme Court of the United States · 1983
  4. United States v. JacobsenSupreme Court of the United States · 1984
  5. Walter v. United StatesSupreme Court of the United States · 1980

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