ANTONIO MUINA, M.D., PETITIONER,
v.
SHERIFF OF GULF COUNTY, KEN MURPHY, AND CLERK OF THE BAY COUNTY CIRCUIT COURT, RESPONDENTS

Fla. 1st DCA | 1979-10-17
No. OO-402
McCORD, Acting C. J., and ROBERT D. SMITH, Jr., and SHIVERS, JJ., concur.
376 So. 2d 276 Florida District Court of Appeal, First District (1979) Caution
Cited by 24 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Prohibition will only lie against a judicial tribunal or one exercising quasi-judicial power. See State v. Railroad Com’rs., 79 Fla. 526, 84 So. 444 (1920). Petition for rehearing is denied.

McCORD, Acting C. J., and ROBERT D. SMITH, Jr., and SHIVERS, JJ., concur.


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Cited By (12 total)

  • State v. Melendez, 392 So. 2d 587 (Fla. 4th DCA 1981)
    …fact that the vehicle was about to be removed from the scene, we hold that the officer was amply justified in seizing the 53 white pills which were spread throughout the automobile. State v. Howell, 384 So. 2d 60 (Fla. 4th DCA 1980); State v. Hall, 376 So. 2d 276 (Fla. 3d DCA 1979); State v. Ruiz, 360 So. 2d 1320 (Fla. 2d DCA 1978); Tamburro v. State, 343 So. 2d 638 (Fla. 4th DCA 1977). In this situation, it is immaterial that the defendant was not verbally placed under arrest prior to the seizure of the mar…
    1 / 2
  • State v. Ellison, 455 So. 2d 424 (Fla. 2d DCA 1984)
    …v. State, 408 So. 2d 567 (Fla.1981); Ensor v. State, 403 So. 2d 349 (Fla.1981); Neary v. State, 384 So. 2d 881 (Fla.1980); Derrickson v. State, 399 So. 2d 100 (Fla. 1st DCA 1981); State v. Melendez, 392 So. 2d 587 (Fla. 4th DCA 1981); State v. Hall, 376 So. 2d 276 (Fla. 3d DCA 1979), cert. denied, 386 So. 2d 637 (Fla.1980). Thus the plain view doctrine permits a law enforcement officer to seize incriminating evidence or contraband in plain view whether or not there is time to get a warrant if such contraband…
  • Cobb v. State, 378 So. 2d 82 (Fla. 3d DCA 1979)
    …fcase. We affirm the marijuana conviction on the determination that the cannabis was in the “plain view” of officer Thomas and that it was therefore properly subject to the warrantless seizure which followed. In two recent decisions, State v. Hall, 376 So. 2d 276 (Fla.3d DCA 1979) and State v. Hughes, 375 So. 2d 615 (Fla.3d DCA 1979), this court has adopted and applied a series of standards to determine whether the “plain view” doctrine is applicable in a given factual situation. As stated in Hall: “The tes…

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