Legal Opinion
State v. Daley
Supreme Court of Florida
Decided January 15, 1981No. 59343PublishedCited by 1 opinion
1Opinion of the Court
ALDERMAN, Justice.
The District Court of Appeal, Fourth District, has certified the following question:
Does a defendant have automatic standing to challenge the legality of a search or seizure if he is charged with an offense that includes, as an element of that offense, possession of the seized material at the time of the contested search and seizure?
Daley v. State, 387 So.2d 971 (Fla. 4th D.C.A. 1980).
Relying upon Jones v. United States, 362 U.S. 257, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960), and United States v. Salvucci, 599 F.2d 1094 (1st Cir. 1979), holding that the automatic standing rule…
2Cases cited5 opinions
- Jones v. United StatesSupreme Court of the United States · 1960
- Rawlings v. KentuckySupreme Court of the United States · 1980
- United States v. SalvucciSupreme Court of the United States · 1980
- United States v. John M. Salvucci, Jr., Joseph G. ZackularCourt of Appeals for the First Circuit · 1979
- Daley v. StateDistrict Court of Appeal of Florida · 1980
3Cited by1 opinion
- Brown v. WainwrightSupreme Court of Florida · 1981