Public-domain · open source
OpenJurist

638 So. 2d 54

638 So.2d 54

19 Fla.L.WeeklySupp. 316

Clemones v. State

Supreme Court of Florida

Decided June 9, 1994

Supreme Court of Florida · decided 1994-06-09

Relies on Lee v. Gray Cab Co. · 635 So. 2d 11 - Hennis v. State · State v. Clemones

Decided 1994-06-09

PER CURIAM.

¶1We review State v. Clemones, 625 So.2d 1231 (Fla. 4th DCA 1993). The district court certified this question as one of great public importance:

WHETHER THE MANUFACTURE OF CRACK COCAINE BY LAW ENFORCEMENT OFFICIALS FOR USE IN A REVERSE-STING OPERATION CONSTITUTES GOVERNMENTAL MISCONDUCT WHICH VIOLATES THE DUE PROCESS CLAUSE OF THE FLORIDA CONSTITUTION, WHERE THE CHARGE IS SOLICITATION TO PURCHASE, I.E. WHETHER MET-CALF V. STATE, 614 S0.2D 548 (FLA. 4TH DCA 1993), IS CORRECT?

¶2We have jurisdiction. Art. V, § 3(b)(4), Fla.Const.

¶3We recently resolved the issue presented in this case in Metcalf v. State, 635 So.2d 11 (Fla.1994), where we found a due process violation when police used illegally manufactured drugs in a reverse-sting operation. On authority of Metcalfwe quash the decision under review. We answer the first part of the certified question in the affirmative. We answer the second part — whether Metcalf v. State, 614 So.2d 548 (Fla. 4th DCA 1993), is correct — in the negative.

¶4It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., concur.McDONALD, Senior Justice, dissents.
/638/so2d/54 · .json · Public domain