Legal Opinion

Lavely v. State

District Court of Appeal of Florida

Decided November 17, 1982No. 82-725PublishedCited by 4 opinions

1Opinion of the Court

BERANEK, Judge.

After denial of his pretrial motion to suppress, appellant was tried and convicted of trafficking in marijuana. He was sentenced to a term of imprisonment of five years, and was ordered to pay a fine of $25,000. We reverse.

On May 16, 1980, United States Customs Patrol Officers Hill and MeGinty were on patrol in the Intercoastal Waterway north of Port Everglades, Florida. They were operating a 27-foot unmarked, ocean racing type vessel. Shortly before noon they observed a 42-foot Chris Craft Sport Fisherman, named “DARLING,” heading north in the Intercoastal Waterway in the…

2Cases cited5 opinions

  1. United States v. SalvucciSupreme Court of the United States · 1980
  2. United States v. Michael Gary Whitmire and Donald John WilliamsCourt of Appeals for the Fifth Circuit · 1979
  3. United States v. Auviene D'antignac, A/K/A Jack D'antignac, Patrick Glen Knight, Thomas Olden Thornton, Timothy David Cahill and Robert Wheeler WelchCourt of Appeals for the Fifth Circuit · 1980
  4. State v. MuzevskyDistrict Court of Appeal of Florida · 1980
  5. Cacace v. StateDistrict Court of Appeal of Florida · 1980

3Cited by4 opinions

  1. Marks v. StateDistrict Court of Appeal of Florida · 1983
  2. State v. LiscioDistrict Court of Appeal of Florida · 1982
  3. State v. MilletDistrict Court of Appeal of Florida · 1983
  4. State v. VazquezCircuit Court for the Judicial Circuits of Florida · 1983

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