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821 So. 2d 1187

Docket No. 3D02-04.

State v. Casey

The STATE of Florida, Appellant, v. Sean CASEY, Appellee.

District Court of Appeal of Florida · decided 2002-07-24

Cited by 4 later decisions — most recently July 2014

4 state decisions

Key passage — most relied on by later courts

“trial court is required to accept evidence which has not been impeached, discredited, controverted, contradictory within itself or physically impossible.”

quoted by 1 later decision, including 849 So. 2d 438 - State v. Jones

Relies on State v. Fernandez · Wright v. State · 558 So. 2d 470 - Tenneboe v. Tenneboe

Good law ✅— No negative treatment on recordhow we know

Decided 2002-07-24

View the full empirical analysis of this case →

¶1Robert A. Butterworth, Attorney General, and John D. Barker, Assistant State Attorney, for appellant.

¶2*1188 Hirsch & Markus, and Milton Hirsch, Miami, for appellee.

¶3Before GERSTEN, SHEVIN, and SORONDO, JJ.

¶4PER CURIAM.

¶5We reverse the order granting the defendant's motion to suppress. A trial court is required to accept evidence which has not been impeached, discredited, controverted, contradictory within itself or physically impossible. See State v. Moreno, 558 So.2d 470 (Fla. 3d DCA 1990); State v. G.H., 549 So.2d 1148 (Fla. 3d DCA 1989).

¶6Here, the only evidence presented at the suppression hearing was the testimony of the police officers. The testimony of the police officers was not impeached, discredited, controverted, contradictory within itself or physically impossible. Therefore the trial court was required to accept this evidence, and it was error to grant the motion to suppress. See State v. Fernandez, 526 So.2d 192 (Fla. 3d DCA 1988). Accordingly, we reverse the order below.

¶7Reversed.

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