Legal Opinion

State v. Marthaller

District Court of Appeal of Florida

Decided August 23, 1983No. Nos. 82-1236, 83-1370Published

1Opinion of the Court

DANIEL S. PEARSON, Judge.

We reverse the manifestly erroneous order suppressing a weapon seized from the defendant Marthaller and remand the cause for trial on the information charging Mar-thaller with carrying a concealed weapon.

The order of suppression under review recites in pertinent part:

“1. At approximately 1:15 A.M., on November 17,1981, Officers J. Moore and E. MacDougall of the Metro-Dade Police Department responded to a call of a disturbance involving men with guns at the Saga Bay Lounge, 20305 Cutler Road, Dade County, Florida. Upon arrival at the scene, the officers saw the…

2Cases cited8 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. McNamara v. StateSupreme Court of Florida · 1978
  3. Dixon v. StateDistrict Court of Appeal of Florida · 1977
  4. Thomas v. StateDistrict Court of Appeal of Florida · 1981
  5. State v. ByhamDistrict Court of Appeal of Florida · 1981

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