Legal Opinion

State v. Caballero

District Court of Appeal of Florida

Decided June 10, 1987No. 4-86-0305PublishedCited by 3 opinions

1Opinion of the Court

WALDEN, Judge.

This is an appeal from an “Order On Defendant’s Motion To Dismiss Predicated Upon Constitutionally Unacceptable Post Arrest Police Misconduct.” The trial court granted the motion and finally dismissed all pending criminal charges against the defendant. The State appeals. We reverse.

In a fifteen page order the trial court carefully outlined the events that led to the dismissal of the charges. Our departure is based on our opinion that the sanction of dismissal was unwarranted and without precedent, although it cannot be gainsaid that the conduct of the police officers in the…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Brewer v. WilliamsSupreme Court of the United States · 1977
  2. United States v. BlueSupreme Court of the United States · 1966
  3. State v. SugarSupreme Court of New Jersey · 1985
  4. Wisconsin Department of Revenue v. Midwestern Gas Transmission Co.Supreme Court of the United States · 1978
  5. United States v. Joseph Edward Kilrain, A/K/A Duffy, Jo Ann Davis, Richard Otho Piper, and Jack Kilrain, A/K/A Jack Hickey and John HickeyCourt of Appeals for the Fifth Circuit · 1978

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3Cited by3 opinions

  1. State v. JohnsonSupreme Court of Florida · 2002
  2. State v. RutherfordDistrict Court of Appeal of Florida · 1998
  3. Rogers v. StateDistrict Court of Appeal of Florida · 1999

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