Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided March 17, 2000No. 2D98-3188PublishedCited by 21 opinions

1Opinion of the Court

753 So.2d 713 (2000)

Paul SMITH, Appellant,

v.

STATE of Florida, Appellee.

No. 2D98-3188.

District Court of Appeal of Florida, Second District.

March 17, 2000.

David R. Parry of Jordan Hills Professional Center, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Tonja R. Vickers, Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

Paul Smith appeals his conviction for possession of cocaine, asserting that the trial court erred in concluding that he consented to a search of his mouth. We agree and reverse.

On January 9, 1998, Officer Michael Tull of the…

Also in this document: Concurrence; Dissent.

2Cases cited25 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Coolidge v. New HampshireSupreme Court of the United States · 1971
  4. Florida v. RoyerSupreme Court of the United States · 1983
  5. United States v. MendenhallSupreme Court of the United States · 1980

20 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Golphin v. StateSupreme Court of Florida · 2006
  2. E.B. v. StateDistrict Court of Appeal of Florida · 2004
  3. Jonathan v. NallySupreme Court of Vermont · 2005
  4. Hicks v. StateDistrict Court of Appeal of Florida · 2003
  5. Ingram v. StateDistrict Court of Appeal of Florida · 2006

16 more not listed; retrieve them via the Exa API.

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