Legal Opinion

McDaniel v. State

District Court of Appeal of Florida

Decided October 10, 1974No. U-447PublishedCited by 1 opinion

1Opinion of the Court

BOYER, Judge.

The sole question to be resolved on this appeal relates to the refusal by the trial court to grant a defense motion to suppress evidence, allegedly obtained as a result of an illegal search and seizure. The legality of the search and seizure is the real issue.

The facts are not in dispute. The defendant’s brother became angered at defendant and thereupon made a telephone call to the police, informing them that defendant was in possession of marijuana and that if they would meet him at defendant’s residence he (the brother) would admit them and display the marijuana to them. The…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Burdeau v. McDowellSupreme Court of the United States · 1921
  2. Harry S. Barnes v. United StatesCourt of Appeals for the Fifth Circuit · 1967
  3. State v. ParnellSupreme Court of Florida · 1969
  4. State v. ClarkeDistrict Court of Appeal of Florida · 1970
  5. Bernovich v. StateSupreme Court of Florida · 1973

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3Cited by1 opinion

  1. McDaniel v. StateDistrict Court of Appeal of Florida · 1976

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