Florida District Courts of Appeal, 1981

Gomez v. State

Florida District Courts of Appeal · Decided August 4, 1981 · Bark, Dull, Ferguson, Hubbart

402 So. 2d 1239; 1981 Fla. App. LEXIS 20794 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Vessel Described as One 36 Foot Mirage, BHN CBD 36011M831 Displaying Florida Registration Numbers FL5182 Em v. State, Department of Natural Resources (Fla. Dist. Ct. App. 1986)
Gomez v. State (Fla. Dist. Ct. App. 1983)
State v. Harvell (Florida Circuit Courts 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The judgments of conviction and sentences under review are affirmed upon a holding that: (a) the motion to suppress the evidence was properly denied by the trial court as the subject marijuana was observed by a state agent in “open view” prior to any official intrusion upon the defendant’s privacy, which “open view” gave the state agent probable cause to search the defendants’ boat without a search warrant and to seize the marijuana thereon, see e. g., Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925), adopted by § 933.19, Fla.Stat. (1979); Ensor v. State, 403 So.2d 349 (Fla. 1981); and (b) the motion to dismiss the information for lack of jurisdiction over the offense was properly denied by the trial court because the ground urged in support thereof could only be urged on a sworn motion to dismiss under Fla.R.Crim.P. 3.190(c)(4) or on a motion for judgment of acquittal at trial.

Affirmed.

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