HORBEIN BRIGANTE AND ESPERANZA BRIGANTE, APPELLANTS,
v.
VAN BUREN CORPORATION, MURRAY BLOOM, AND ROBERT A. PETERSON, APPELLEES

Fla. 3d DCA | 1979-07-31
No. 78-2114
Before PEARSON, HENDRY and BARKDULL, JJ.
374 So. 2d 83 Florida District Court of Appeal, Third District (1979) Caution
Cited by 18 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Webster Lumber Co. v. Lincoln, 94 Fla. 1097, 115 So. 498 (1927); Bay Club, Inc. v. Brickell Bay Club, Inc., 293 So. 2d 137 (Fla.3d DCA 1974); Brown v. Dobry, 311 So. 2d 159 (Fla.2d DCA 1975).


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  • Shapiro v. State, 390 So. 2d 344 (Fla. 1980)
    …resence of a putative bomb. The officer’s conduct must be gauged by established Fourth Amendment principles. A warrantless seizure of the jeans clearly occurred. At no time did the defendant consent to a search by the detective. Cf. Myles v. State, 374 So. 2d 83 (Fla. 3d DCA 1979); Husted v. State, 370 So. 2d 853 (3d DCA 1979). No contraband was in plain view. Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). The defendant was in the process of closing his bag when the officer r…
  • Royer v. State, 389 So. 2d 1007 (Fla. 3d DCA 1979)
    …the ground, as found by the court, of defendant’s consent to the search. In so ruling, we are following a recent decision of this court upholding a warrant-less search based on consent in a substantially similar fact situation. See Myles v. State, 374 So. 2d 83 (Fla. 3d DCA 1979). In conflict with Myles (and now in conflict with the decision in the present case) is the decision of this court rendered after Myles, in which the Myles case was not cited or discussed. See State v. Frost, 374 So. 2d 593 (Fla. 3…
    1 / 4
  • State v. Gandy, 766 So. 2d 1234 (Fla. 1st DCA 2000)
    …onable suspicion is further strengthened by additional factors not present in Saadi First, during the consensual encounter with the officer, Gandy blatantly lied when questioned about the reason for his presence at the residence. See Myles v. State, 374 So. 2d 83, 84 (Fla. 3d DCA 1979) (affirming officers had reasonable suspicion to stop defendant who appeared nervous and agitated in Miami airport ticket line and lied to ticket agent that he was in military and needed to board plane but was unable to produce…

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