Legal Opinion

State v. Havel

District Court of Appeal of Florida

Decided April 12, 2000No. 4D99-0950Published

1Opinion of the CourtStone, J.

We reverse an order suppressing evidence. Appellee is charged with aggravated assault with a firearm and misdemean- or battery. He filed a motion to suppress evidence of a rifle found on the roof of his house.

Hollywood police officers testified, at the hearing on the motion, that they responded to a call of aggravated assault with a firearm shortly after the incident. The officers’ testimony was not refuted. The victims, interviewed at the scene, told the *1068interviewing officer that Appellee had pointed a rifle at them and threatened to kill them.

Appellee authorized the investigating officers…

2Cases cited3 opinions

  1. California v. CiraoloSupreme Court of the United States · 1986
  2. Sarantopoulos v. StateSupreme Court of Florida · 1993
  3. West v. StateDistrict Court of Appeal of Florida · 1991

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