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366 So. 2d 51

State v. Erp

District Court of Appeal of Florida

Decided December 6, 1978

District Court of Appeal of Florida · decided 1978-12-06

Relies on United States v. Chadwick

Good law ✅— No negative treatment on recordhow we know

Decided 1978-12-06

How this case has been cited

Cited by 14 later decisions — most recently May 1995

14 state decisions

110197819801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DAUKSCH, Judge.

¶1.On appeal is an order granting a new trial. While we agree the trial court was correct in granting the new trial and perhaps the question of the arrest, search and seizure should be reconsidered we cannot now hold U. S. v. Chadwick, 433 U.S. 1, 97 S.Ct. 2476, 53 L.Ed.2d 538 (1977) is determinative in this matter. For that reason we affirm the order granting the new trial but do not rule Chadwickto be law of the case.

¶2AFFIRMED and REMANDED.

LEFFLER, KENNETH M.,' Associate Judge, concurs.CROSS, J., concurs only in conclusion.
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