Legal Opinion · Dissent

State v. Lopez

District Court of Appeal of Florida

Decided December 17, 1991No. 89-987Published

1DissentGersten, Judge

Because I believe the trial court correctly suppressed the evidence, I respectfully dissent. The trial court explained the constitutional basis for its ruling:

*1047You know what the basis of the constitution [is] ... why this [Fourth] Amendment was so important historically? This amendment was so important for the framers of our constitution because [of] writs of [assistance]. That’s why we had a revolution because the King’s people had these writs of [assistance]. They could invade anybody’s property. And they said, ‘No we’re going to require warrants before you invade our homes.’ Who was the…

2Cases cited27 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Payton v. New YorkSupreme Court of the United States · 1980
  3. Boyd v. United StatesSupreme Court of the United States · 1886
  4. Illinois v. RodriguezSupreme Court of the United States · 1990
  5. Steagald v. United StatesSupreme Court of the United States · 1981

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