Florida District Courts of Appeal, 1988

Garcia v. State

Garcia v. State
Florida District Courts of Appeal · Decided August 10, 1988 · Anstead, Letts, Walden
536 So. 2d 1048; 13 Fla. L. Weekly 1884; 1988 Fla. App. LEXIS 3580; 1988 WL 81918 (Southern Reporter, Second Series)

Garcia v. State

Opinion of the Court

PER CURIAM.

We reverse and remand with directions for further proceedings in accordance with our opinion in Davis v. State, 529 So.2d 732 (Fla. 4th DCA 1988). We certify the following question as one of great public importance:

SHOULD THE HOLDING IN UNITED STATES V. LEON, 468 U.S. 897, 104 S.CT. 3405, 82 L.ED.2D 677 (1984), CREATING AN EXCEPTION TO THE FEDERAL EXCLUSIONARY RULE BE APPLIED TO THE EXCLUSIONARY PROVISIONS CONTAINED IN THE FLORIDA WIRETAP STATUTE, CHAPTER 934, FLORIDA STATUTES (1985)?
ANSTEAD, LETTS and WALDEN, JJ., concur.

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