Legal Opinion · Concurrence

Hanifan v. State

District Court of Appeal of Florida

Decided September 18, 2015No. 2D13-4480Published

1Concurrence

VILLANTI, Chief Judge,

Specially concurring.

I concur in the decision to affirm Hani-fan’s convictions and sentences, but I would uphold the trial court’s denial of Hanifan’s motion to suppress his iPhone on a slightly different basis than that articulated by the majority. I also write to commend the officers in this case, who acted with considerable restraint at a time when the outcome of Riley v. California, — U.S. -, 134 S.Ct. 2473, 189 L.Ed.2d 430 (2014), was still unknown.

The record in this, case shows that the North Port police received information from a police officer in Massachusetts…

2Cases cited7 opinions

  1. Chambers v. MaroneySupreme Court of the United States · 1970
  2. United States v. PlaceSupreme Court of the United States · 1983
  3. United States v. ChadwickSupreme Court of the United States · 1977
  4. Segura v. United StatesSupreme Court of the United States · 1984
  5. Riley v. Cal. United StatesSupreme Court of the United States · 2014

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