Cruz test (Florida) · Go Syfert
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Cruz test in Florida

17 Florida opinions name it 3 courts 1983–2021 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Lusby v. Stategreen
fladistctapp · 1987 · cited in 2 Florida opinions naming this issue, 1988–1989
2 sentences

1989Likewise, this court in Lusby v. State, 507 So.2d 611 (Fla. 4th DCA) rev. denied, 518 So.2d 1276 (Fla.1987), found that the first prong of the Cruz test had been met because the defendant portrayed himself to a police informant as a well versed drug dealer, and said that he could arrange to get large quantities of cocaine.

1989Likewise, this court in Lusby v. State, 507 So.2d 611 (Fla. 4th DCA) rev. denied, 518 So.2d 1276 (Fla.1987), found that the first prong of the Cruz test had been met because the defendant portrayed himself to a police informant as a well versed drug dealer, and said that he could arrange to get large quantities of cocaine.

12
Taylor v. Stategreen
fla · 2003 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021However, this testimony was not elicited at trial. - 22 - during which the citizen is free to leave; 2) an investigatory stop or detention which requires a well-founded, articulable suspicion of criminal activity; and 3) an arrest supported by probable cause that a crime has been committed, or is being committed.” R.F. v. State, 307 So. 3d 20 , 22-23 (Fla. 4th DCA 2020) (citing Taylor v. State, 855 So. 2d 1, 14-15 (Fla. 2003)).

11
Butler v. Stategreen
fla · 2003 · cited in 1 Florida opinions naming this issue, 2018–2018
2 sentences

2018Butler v. State, 842 So. 2d 817, 827 (Fla. postconviction court's order conclusively refute Mr. Cruz's claim of ineffective assistance of trial counsel and, if not, directing the postconviction court to conduct further proceedings to resolve Mr. Cruz's motion on remand.

2018Butler v. State, 842 So. 2d 817, 827 (Fla. postconviction court's order conclusively refute Mr. Cruz's claim of ineffective assistance of trial counsel and, if not, directing the postconviction court to conduct further proceedings to resolve Mr. Cruz's motion on remand.

11
State of Florida v. Anthony Duwayne Horsley, Jr.green
fla · 2015 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015See Horsley, 160 So.3d 393 ; Falcon, 162 So.3d 954 .

11
Pezzella v. Stategreen
fladistctapp · 1987 · cited in 1 Florida opinions naming this issue, 2009–2009
1 sentence

2009In support of this argument, Hernandez cited to language from the pre-Munoz case of Pezzella v. State, 513 So.2d 1328, 1330 (Fla. 3d DCA 1987) where, in applying the now-abrogated Cruz test, our sister court stated: “[ejnticing a drug addict to participate in an illicit drug sale by promising him drugs for his personal use is reprehensible conduct which should not be tolerated.” Hernandez suggests that this court should determine, as a matter of law and based solely on his testimony, that the government’s conduct violated due process.

11
Brown v. Stategreen
fladistctapp · 1986 · cited in 1 Florida opinions naming this issue, 1987–1987
2 sentences

1987See Brown v. State, 484 So.2d 1324 (Fla. 3d DCA), rev. denied, 492 So.2d 1330 (Fla. 1986).

1987See Brown v. State, 484 So.2d 1324 (Fla. 3d DCA), rev. denied, 492 So.2d 1330 (Fla. 1986).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (17)

CaseCitedYears
Cruz v. State green
fla · 1985
2 sentences

1994After the trial court dismissed the charges upon finding objective entrapment under Cruz v. State, 465 So.2d 516 (Fla.), cert. denied, 473 U.S. 905 , 105 S.Ct. 3527 , 87 L.Ed.2d 652 (1985), the Florida Supreme Court held that the legislature eliminated the Cruz test when it enacted section 777.201, Florida Statutes (1987).

1992When the confidential informant contacted Diaz, Diaz was not involved in any "specific ongoing criminal activity." In addition, the second prong of the Cruz test was not satisfied where the police used means which were not "reasonably tailored to apprehend those involved in the ongoing criminal activity." Cruz, 465 So.2d at 522 .

61988–1994
Rebecca Lee Falcon v. State of Florida green
fla · 2015
1 sentence

2015See Horsley, 160 So.3d 393 ; Falcon, 162 So.3d 954 .

12015–2015
Munoz v. State green
fla · 1993
1 sentence

1994Munoz v. State, 629 So.2d 90 (Fla.1993).

11994–1994
Plueckhahn v. Farmers Insurance Exchange green
scotus · 1985
1 sentence

1994After the trial court dismissed the charges upon finding objective entrapment under Cruz v. State, 465 So.2d 516 (Fla.), cert. denied, 473 U.S. 905 , 105 S.Ct. 3527 , 87 L.Ed.2d 652 (1985), the Florida Supreme Court held that the legislature eliminated the Cruz test when it enacted section 777.201, Florida Statutes (1987).

11994–1994
Canale v. United States green
scotus · 1985
1 sentence

1994After the trial court dismissed the charges upon finding objective entrapment under Cruz v. State, 465 So.2d 516 (Fla.), cert. denied, 473 U.S. 905 , 105 S.Ct. 3527 , 87 L.Ed.2d 652 (1985), the Florida Supreme Court held that the legislature eliminated the Cruz test when it enacted section 777.201, Florida Statutes (1987).

11994–1994
Wilson v. Florida green
scotus · 1985
1 sentence

1994After the trial court dismissed the charges upon finding objective entrapment under Cruz v. State, 465 So.2d 516 (Fla.), cert. denied, 473 U.S. 905 , 105 S.Ct. 3527 , 87 L.Ed.2d 652 (1985), the Florida Supreme Court held that the legislature eliminated the Cruz test when it enacted section 777.201, Florida Statutes (1987).

11994–1994
Ricardo v. State green
fladistctapp · 1991
2 sentences

1993Krajewski v. State, 597 So.2d 814 (Fla. 4th DCA1992), decision approved, 621 So.2d 430 (Fla.1993); Ricardo v. State, 591 So.2d 1002 (Fla. 4th DCA1991); Strickland v. State, 588 So.2d 269 (Fla. 4th DCA1991), review denied, 599 So.2d 658 (Fla.1992).

1993Krajewski v. State, 597 So.2d 814 (Fla. 4th DCA1992), decision approved, 621 So.2d 430 (Fla.1993); Ricardo v. State, 591 So.2d 1002 (Fla. 4th DCA1991); Strickland v. State, 588 So.2d 269 (Fla. 4th DCA1991), review denied, 599 So.2d 658 (Fla.1992).

11993–1993
Krajewski v. State neutral
fladistctapp · 1992
2 sentences

1993Krajewski v. State, 597 So.2d 814 (Fla. 4th DCA1992), decision approved, 621 So.2d 430 (Fla.1993); Ricardo v. State, 591 So.2d 1002 (Fla. 4th DCA1991); Strickland v. State, 588 So.2d 269 (Fla. 4th DCA1991), review denied, 599 So.2d 658 (Fla.1992).

1993Krajewski v. State, 597 So.2d 814 (Fla. 4th DCA1992), decision approved, 621 So.2d 430 (Fla.1993); Ricardo v. State, 591 So.2d 1002 (Fla. 4th DCA1991); Strickland v. State, 588 So.2d 269 (Fla. 4th DCA1991), review denied, 599 So.2d 658 (Fla.1992).

11993–1993
Strickland v. State green
fladistctapp · 1991
2 sentences

1993Krajewski v. State, 597 So.2d 814 (Fla. 4th DCA1992), decision approved, 621 So.2d 430 (Fla.1993); Ricardo v. State, 591 So.2d 1002 (Fla. 4th DCA1991); Strickland v. State, 588 So.2d 269 (Fla. 4th DCA1991), review denied, 599 So.2d 658 (Fla.1992).

1993Krajewski v. State, 597 So.2d 814 (Fla. 4th DCA1992), decision approved, 621 So.2d 430 (Fla.1993); Ricardo v. State, 591 So.2d 1002 (Fla. 4th DCA1991); Strickland v. State, 588 So.2d 269 (Fla. 4th DCA1991), review denied, 599 So.2d 658 (Fla.1992).

11993–1993
Krajewski v. State neutral
fla · 1993
2 sentences

1993Krajewski v. State, 597 So.2d 814 (Fla. 4th DCA1992), decision approved, 621 So.2d 430 (Fla.1993); Ricardo v. State, 591 So.2d 1002 (Fla. 4th DCA1991); Strickland v. State, 588 So.2d 269 (Fla. 4th DCA1991), review denied, 599 So.2d 658 (Fla.1992).

1993Krajewski v. State, 597 So.2d 814 (Fla. 4th DCA1992), decision approved, 621 So.2d 430 (Fla.1993); Ricardo v. State, 591 So.2d 1002 (Fla. 4th DCA1991); Strickland v. State, 588 So.2d 269 (Fla. 4th DCA1991), review denied, 599 So.2d 658 (Fla.1992).

11993–1993
State v. Hunter green
fla · 1991
2 sentences

1992Id.

1992Id.

11992–1992
United States v. Timothy Andrew Smith, Stephen Lawrence Swindell green
ca11 · 1986
2 sentences

1991United States v Hawkins, 811 F.2d 210 (3d Cir. 1987), United States v Smith, 799 F.2d 704 (11th Cir. 1986).

1991United States v Hawkins, 811 F.2d 210 (3d Cir. 1987), United States v Smith, 799 F.2d 704 (11th Cir. 1986).

11991–1991
United States v. Milton Hawkins green
ca3 · 1987
2 sentences

1991United States v Hawkins, 811 F.2d 210 (3d Cir. 1987), United States v Smith, 799 F.2d 704 (11th Cir. 1986).

1991United States v Hawkins, 811 F.2d 210 (3d Cir. 1987), United States v Smith, 799 F.2d 704 (11th Cir. 1986).

11991–1991
State v. Burch green
fladistctapp · 1989
2 sentences

1990In State v. Burch, 545 So.2d 279 (Fla. 4th DCA 1989), this court held in part that: the instant police conduct passes the first prong of the Cruz test because it was obviously undertaken in response to the untenable high volume of drug trade near the school where the defendants were apprehended.

1990In State v. Burch, 545 So.2d 279 (Fla. 4th DCA 1989), this court held in part that: the instant police conduct passes the first prong of the Cruz test because it was obviously undertaken in response to the untenable high volume of drug trade near the school where the defendants were apprehended.

11990–1990
State v. Konces green
fladistctapp · 1988
2 sentences

1990In State v. Konces, 521 So.2d 313 (Fla. 3d DCA 1988), the third district held that the first prong of the Cruz test was satisfied where the defendant readily agreed to sell cocaine and admitted that he had purchased drugs in the past.

1990In State v. Konces, 521 So.2d 313 (Fla. 3d DCA 1988), the third district held that the first prong of the Cruz test was satisfied where the defendant readily agreed to sell cocaine and admitted that he had purchased drugs in the past.

11990–1990
State v. Cruz green
fladistctapp · 1983
1 sentence

1985In Cruz's motion to dismiss, one of the undisputed facts was that "none of the unsolved crimes occuring [sic] near this location involved the same modus operandi as the simulated situation created by the officers." Cruz, 426 So.2d at 1309 .

11985–1985
State v. Casper green
fladistctapp · 1982
1 sentence

1983The trial court granted Cruz's motion on the authority of State v. Casper, 417 So.2d 263 (Fla. 1st DCA 1982). [1] We disagree with the First District's opinion in Casper .

11983–1983

Statutes the citing opinions construe

FL § 777.201 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 105 (1969–2026) FL 17 (1983–2021) NY 16 (1988–2026) OH 5 (2006–2025) PA 5 (2002–2025) AZ 4 (1997–2022) IL 4 (1993–2025) TX 4 (1986–2021) MI 3 (2020–2021) GA 3 (2012–2019) MA 3 (1998–2017) DC 3 (2007–2017) GU 2 (2023–2023) VA 2 (1997–2025) WA 2 (2024–2025) CT 2 (2006–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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