Florida District Courts of Appeal, 1980

Harrison v. State

Harrison v. State
Florida District Courts of Appeal · Decided October 14, 1980 · Bark, Baskin, Dull, Hubbart
389 So. 2d 293; 1980 Fla. App. LEXIS 17851 (Southern Reporter, Second Series)

Harrison v. State

Opinion of the Court

PER CURIAM.

The conviction under review will be reversed because the trial court erred in denying the motion to suppress the contraband. See: Royer v. State, 389 So.2d 1007 (Fla.3d DCA 1980); United States v. Mendenhall, - U.S. -, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980); Reid v. Georgia, - U.S. -, 100 S.Ct. 2752, 65 L.Ed.2d 890 (1980).

Reversed and remanded for further proceedings not inconsistent herewith.

Concurring Opinion

HUBBART, Judge

(concurring).

I concur in the court’s reversal in this cause solely on the ground that there was no reasonable basis on this record for the police to have conducted a full blown search of the defendant-even assuming, as the state contends, that the police either effected no prior temporary stop of the defendant at the airport or did so based on founded suspicion. As such, the search here was unreasonable and its fruits should have been suppressed by the trial court upon the defendant’s timely motion. Sibron v. New York, 392 U.S. 40, 88 S.Ct. 1889, 20 L.Ed.2d 917 (1968); Isham v. State, 369 So.2d 103 (Fla. 4th DCA 1979) cert. denied, 381 So.2d 770 (Fla. 1980); Schnick v. State, 362 So.2d 423 (Fla. 4th DCA 1978); Meeks v. State, 356 So.2d 45 (Fla.2d DCA), cert. denied, 364 So.2d 892 (Fla. 1978); Carr v. State, 353 So.2d 958 (Fla.2d DCA 1978); Harris v. State, 352 So.2d 1269 (Fla.2d DCA 1977); Conner v. State, 349 So.2d 709 (Fla. 1st DCA 1977).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.