Legal Opinion

Garcia v. State

District Court of Appeal of Florida

Decided August 10, 1988No. 87-3066PublishedCited by 1 opinion

1Per curiam

We reverse and remand with directions for further proceedings in accordance with our opinion in Davis v. State, 529 So.2d 732 (Fla. 4th DCA 1988). We certify the following question as one of great public importance:

SHOULD THE HOLDING IN UNITED STATES V. LEON, 468 U.S. 897, 104 S.CT. 3405, 82 L.ED.2D 677 (1984), CREATING AN EXCEPTION TO THE FEDERAL EXCLUSIONARY RULE BE APPLIED TO THE EXCLUSIONARY PROVISIONS CONTAINED IN THE FLORIDA WIRETAP STATUTE, CHAPTER 934, FLORIDA STATUTES (1985)?

ANSTEAD, LETTS and WALDEN, JJ., concur.

2Cases cited2 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Davis v. StateDistrict Court of Appeal of Florida · 1988

3Cited by1 opinion

  1. State v. GarciaSupreme Court of Florida · 1989