Florida District Courts of Appeal, 1986

Diaz-Fonseca v. State

Florida District Courts of Appeal · Decided February 25, 1986 · Ferguson, Nesbitt, Pearson

483 So. 2d 558; 11 Fla. L. Weekly 506; 1986 Fla. App. LEXIS 11483 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

State v. Rodriguez (Fla. Dist. Ct. App. 1987)
Acosta v. State (Fla. Dist. Ct. App. 1988)

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 trial court denied Diaz-Fonseca a full evidentiary hearing on his motion to suppress based upon a finding that he did not have standing to challenge the search because he had denied ownership of the luggage. We reverse for a full evidentiary hearing upon the authority of Shafi v. State, 377 So.2d 787 (Fla. 1st DCA 1979). See also United States v. Richards, 638 F.2d 765 (5th Cir.), cert. denied, 454 U.S. 1097, 102 S.Ct. 669, 70 L.Ed.2d 638 (1981). Diaz-Fonseca claimed that the bag belonged to his uncle. In addition, he was in possession of claim tickets for the bag. He clearly had a sufficient possessory and custodial interest in the bag to have established standing to object to its search and seizure.

Reversed and remanded.

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