Legal Opinion

State v. Fernandez

District Court of Appeal of Florida

Decided January 22, 2010No. 2D08-5548PublishedCited by 8 opinions

1Opinion of the Court

MORRIS, Judge.

The State appeals an order granting Orquídea Fernandez’s motion to suppress evidence in the State’s prosecution against her for six counts of fraudulently obtaining a controlled substance and five counts of trafficking in illegal drugs. Because the issue of Fernandez’s standing has not yet been addressed by the trial court, we have an inadequate record upon which to reach the central issue in this case — whether the search and seizure of the prescriptions on which the charges are based were unlawful. Accordingly, we reverse and remand for further proceedings consistent with this…

2Cases cited10 opinions

  1. Rakas v. IllinoisSupreme Court of the United States · 1979
  2. United States v. SalvucciSupreme Court of the United States · 1980
  3. Whalen v. RoeSupreme Court of the United States · 1977
  4. State v. JohnsonSupreme Court of Florida · 2002
  5. State v. CarterDistrict Court of Appeal of Florida · 2009

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. SunDistrict Court of Appeal of Florida · 2011
  2. Hendley v. StateDistrict Court of Appeal of Florida · 2011
  3. State v. BeanDistrict Court of Appeal of Florida · 2010
  4. Gore v. StateDistrict Court of Appeal of Florida · 2011
  5. Gore v. StateDistrict Court of Appeal of Florida · 2011

3 more not listed; retrieve them via the Exa API.

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