Public-domain · open source

732 So. 2d 471

State v. Lomack

District Court of Appeal of Florida

Decided May 19, 1999

District Court of Appeal of Florida · decided 1999-05-19

Relies on United States v. Leon · Carlton v. State · 279 So. 2d 71 - State v. Gallo

Decided 1999-05-19

PER CURIAM.

¶1AFFIRMED.

GUNTHER and HAZOURI, JJ., concur.STONE, C. J., dissents with opinion.STONE, C.J.,

¶2dissenting.

¶3I would reverse on the authority of Carlton v. State, 449 So.2d 250 (Fla.1984), Swain v. State, 670 So.2d 186 (Fla. 3d DCA 1996), Clapsaddle v. State, 545 So.2d 946 (Fla. 2d DCA 1989), State v. Gallo, 279 So.2d 71 (Fla. 2d DCA 1973), Carr v. State, 529 So.2d 805 (Fla. 1st DCA 1988), and Baum v. State, 404 So.2d 195 (Fla. 1st DCA 1981), or, alternatively, on the authority of United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984).