State v. Ojeda
District Court of Appeal of Florida
1Concurring in part, dissenting in partRothenberg, J.
I agree entirely with the analysis and conclusion in lower tribunal case number 05-37152. As to case number 07-10526(A), the majority concludes that although the warrantless entry into the defendant’s home was unlawful, the evidence ultimately seized pursuant to a valid search warrant was admissible based on the independent source and/or inevitable discovery doctrines. While I agree with most of the majority’s analysis and its conclusion that, under the independent source and/or inevitable discovery doctrines, the evidence was admissible, I disagree with the finding that the entry of the…
2Cases cited43 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Katz v. United StatesSupreme Court of the United States · 1967
- Payton v. New YorkSupreme Court of the United States · 1980
- Rakas v. IllinoisSupreme Court of the United States · 1979
- Nix v. WilliamsSupreme Court of the United States · 1984
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