Legal Opinion

Luis A. Montes-Valeton v. State of Florida

Supreme Court of Florida

Decided February 23, 2017No. SC14-1672PublishedCited by 7 opinions

1Opinion of the CourtCanady, J.

Luis A. Montes-Valeton seeks review of the decision of the Third District Court of Appeal in Montes-Valeton v. State, 141 So.3d 204 (Fla. 3d DCA 2014), on the ground that it expressly and directly conflicts with a decision of this Court, Voorhees v. State, 699 So.2d 602 (Fla. 1997), on a question of law. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. The case turns on whether a blood draw after a traffic accident was constitutionally permissible under the fellow officer rule. We conclude that the Third District impermis-sibly relied on the fellow officer rule when there had been no…

2Cases cited15 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Bumper v. North CarolinaSupreme Court of the United States · 1968
  3. United States v. Cara Woods, Jr.Court of Appeals for the Sixth Circuit · 1977
  4. United States v. Gregory J. EdwardsCourt of Appeals for the Seventh Circuit · 1989
  5. Reynolds v. StateSupreme Court of Florida · 1992

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3Cited by7 opinions

  1. BYRON MCGRAW v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  2. Michael D. Miller v. State of FloridaDistrict Court of Appeal of Florida · 2018
  3. James M. Bryant v. State of FloridaDistrict Court of Appeal of Florida · 2019
  4. Commonwealth v. PrivetteMassachusetts Supreme Judicial Court · 2023
  5. Guzman v. Secretary, Department of Corrections (Polk County)District Court, M.D. Florida · 2022

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