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← 535 SO2D 282 - State v. Cross

State v. Cross’s Empirical Analysis

1988

Citation profile

7
cited by 7 later decisions
1
states following
May 1990
most recently cited

7 state decisions

Relationships

Relies on Florida v. Royer · Carstea v. Poplar Tree Homeowners Ass'n · United States v. Monton · J. Gordon Turnbull, Inc. v. Commissioner · Gibson v. United States

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The significant aspect of the detectives' testimony at the suppression hearing concerns their statements that, in their more than twenty years' combined experience as narcotics detectives, they had seen cocaine packaged in a similar manner on many prior occasions. Indeed, Facchiano testified that he had seen cocaine packaged in this way on "hundreds of occasions." Once the detectives found the taped, baseball-shaped object, in light of their many years of experience in narcotics work, they had probable cause to believe that Cross was carrying contraband. See Palmer v. State, 467 So.2d 1063 (Fla. 3d DCA 1985); State v. Ellison, 455 So.2d 424 (Fla. 2d DCA 1984); see also P.L.R. v. State, 455 So.2d 363 (Fla. 1984) (in determining whether object constitutes evidence of crime, court considers totality of circumstances, in light of the officer's training, education and experience), cert. denied, 469 U.S. 1220 , 105 S.Ct. 1206 , 84 L.Ed.2d 349 (1985); State v. Redding, 362 So.2d 170 (Fla. 2d DCA 1978) (officer had probable cause to believe small, flat, tinfoil packets were narcotics since in his long experience he knew narcotics were customarily wrapped in that fashion). The detectives, therefore, had probable cause to arrest Cross and to seize the taped object. The revelation of cocaine through the further examination of the object was nothing more than a search incident to a valid arrest. See State v. Rodriguez, 477 So.2d 1025 (Fla. 3d DCA 1985).”
    1 later decision quote this exact passage · from the dissent
  2. “It matters not whether the taped object was opened immediately upon its discovery per Detective Facchiano's account, e.g., State v. Perez, 509 So.2d 1287 (Fla. 3d DCA 1987), or subsequently at the police station following Cross's arrest as Detective Fernandez testified, e.g., State v. Langer, 516 So.2d 310 (Fla. 3d DCA 1987), probable cause accrued at the moment of its discovery.”
    1 later decision quote this exact passage · from the dissent
  3. “A general consent to search an area does not automatically give a police officer the right to cut into or destroy any container located in the area.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.