Florida District Courts of Appeal, 1981

State v. Famiglietti

State v. Famiglietti
Florida District Courts of Appeal · Decided April 22, 1981 · Beranek, Glickstein, Hurley
397 So. 2d 419; 1981 Fla. App. LEXIS 19303 (Southern Reporter, Second Series)

State v. Famiglietti

Opinion of the Court

PER CURIAM.

This cause is remanded to the trial court with instructions to conduct an evidentiary hearing to determine whether defendant had a reasonable expectation of privacy in the area searched and thus, whether defendant had standing to contest the search and seizure within the dwelling. See Rawlings v. Kentucky, 448 U.S. 98, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980); United States *420v. Salvucci, 448 U.S. 83, 100 S.Ct. 2547, 65 L.Ed.2d 619 (1980); Inchaustegui v. State, 392 So.2d 319 (Fla.4th DCA 1980).

BERANEK, GLICKSTEIN, and HURLEY, JJ., concur.

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