ARSENIO GARCIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1988-08-10
No. 87-3066
ANSTEAD, LETTS and WALDEN, JJ., concur.
536 So. 2d 1048 Florida District Court of Appeal, Fourth District (1988) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

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.


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  • State v. Arsenio Garcia, 547 So. 2d 628 (Fla. 1989)
    …BARKETT, Justice. We have for review Garcia v. State, 536 So. 2d 1048 (Fla. 4th DCA 1988), and Davis v. State, 529 So. 2d 732 (Fla. 4th DCA 1988), in which the district court certified the following question to be of great public importance: Should the good faith exception to the exclusionary rule authorized by Unite…
  • Dep't OF Bus. Reg. v. Classic Mile, Inc., 541 So. 2d 1155 (Fla. 1989)
    …DONALD, Justice. The First District Court of Appeal declared unconstitutional the part of chapter 87-38, section 13, Laws of Florida, codified as section 550.355(2), Florida Statutes (1987).1 Classic Mile, Inc. v. Department of Business Regulation, 536 So. 2d 1048 (Fla. 1st DCA 1988). Review in this case is mandated by article V, section 3(b)(1), Florida Constitution, requiring this Court to [*1157] hear appeals from decisions of the district courts of appeal invalidating state statutes. The district court h…

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