Fontana v. State

Anthony FONTANA v. STATE of Florida

Fontana v. State, 581 So. 2d 585 (Fla. 1991)

Court: Supreme Court of Florida · State Highest Courts
Decided: July 3, 1991
Docket: No. 76826
Judges: Barkett, Grimes, Harding, Kogan, McDonald, Overton, Shaw
Citations: 581 So. 2d 58516 Fla. L. Weekly Supp. 4801991 Fla. LEXIS 10091991 WL 117531

Cited by 4 1 descriptions by later courts

Opinion of the Court — Overton

Text extracted by OCR from a scanned original; check the original for exact wording.

OVERTON, Justice.

This is a petition to review State v. Fontana, 566 So.2d 937 (Fla. 4th DCA 1990), in which the district court reversed a trial court’s order suppressing cocaine found on the passenger’s side of a car and held that the passenger, Fontana, had no standing to challenge the search. We find conflict with Griggs v. State, 565 So.2d 361 (Fla. 1st DCA 1990). 1

The district court’s majority opinion sets forth the facts, and we note that the circumstances of this incident establish that Fontana was lawfully stopped and detained. We find that the district court correctly concluded that Fontana has no standing to challenge the search. We agree that Rakas v. Illinois, 439 U.S. 128 , *586 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978), controls and fully approve the opinion of the district court.

It is so ordered.

SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.

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

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(passenger who was lawfully stopped lacked standing to challenge the subsequent search of the vehicle where he asserted no ownership or possessory interest in the car or its contents)

Welch v. State, 741 So. 2d 1268 (Fla. Dist. Ct. App. 1999)

Cited by 4 cases

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State Appellate Courts4

Relies on it most ⓘ

State v. Hernandez718 So. 2d 833 (Fla. Dist. Ct. App. 1998)
Welch v. State741 So. 2d 1268 (Fla. Dist. Ct. App. 1999)
State v. Deen625 So. 2d 968 (Fla. Dist. Ct. App. 1993)
Mobley v. State712 So. 2d 453 (Fla. Dist. Ct. App. 1998)

Most recent

Welch v. State741 So. 2d 1268 (Fla. Dist. Ct. App. 1999)
State v. Hernandez718 So. 2d 833 (Fla. Dist. Ct. App. 1998)
Mobley v. State712 So. 2d 453 (Fla. Dist. Ct. App. 1998)
State v. Deen625 So. 2d 968 (Fla. Dist. Ct. App. 1993)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Rakas v. Illinois, 439 U.S. 128 (1979)	5,137
	State v. Fontana, 566 So. 2d 937 (Fla. Dist. Ct. App. 1990)	3
	Griggs v. State, 565 So. 2d 361 (Fla. Dist. Ct. App. 1990)	3

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