constitutional exclusionary rule (Florida) · Go Syfert
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constitutional exclusionary rule in Florida

5 Florida opinions name it 2 courts 1981–2023 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 (2)

CaseFollowedCited
Christopher L. Carpenter v. State of Florida – Revised Opiniongreen
fla · 2017 · cited in 1 Florida opinions naming this issue, 2023–2023
2 sentences

2023I, § 12, Fla. Const. (2020). (“In response, the governor, attorney general, state prosecutors, and the law enforcement community supported a joint resolution in the 1982 Regular Session, which would have engrossed a good faith exception onto the constitutional exclusionary rule.”); see Carpenter, 228 So. 3d at 543 n.3 (Lawson, J., dissenting) (“The commentary to the 1982 amendment states that the amendment was necessary to modify the exclusionary rule [in Florida] and to allow adherence by the Florida courts to the good faith exception adopted by the federal courts.”) (alteration in original)

2023See Carpenter, 228 So. 3d at 542-45 (Lawson, J., dissenting) (“Clearly, we are bound by the United States Supreme Court’s Fourth Amendment jurisprudence, including the majority opinion in Davis v. United States.”).

11
People v. Deforegreen
ny · 1926 · cited in 1 Florida opinions naming this issue, 1998–1998
2 sentences

1998Imposing the constitutional exclusionary rule may sometimes result, as stated by Justice (then Judge) Benjamin Cardozo, that the "criminal is to go free because the constable has blundered." People v. Defore, 242 N.Y. 13, 21 , 150 N.E. 585, 587 (1926).

1998Imposing the constitutional exclusionary rule may sometimes result, as stated by Justice (then Judge) Benjamin Cardozo, that the "criminal is to go free because the constable has blundered." People v. Defore, 242 N.Y. 13, 21 , 150 N.E. 585, 587 (1926).

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 (3)

CaseCitedYears
Mapp v. Ohio green
scotus · 1961
2 sentences

1990Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961).

1990Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961).

21984–1990
Ray v. State green
fladistctapp · 1980
1 sentence

1981We reverse the order revoking probation and remand this cause to the trial court for a new trial on the alleged violations of probation, conducted in light of Grubbs, supra, and Ray v. State, 387 So.2d 995 (Fla. 4th DCA 1980).

11981–1981
Grubbs v. State green
fla · 1979
2 sentences

1981We reverse the order revoking probation and remand this cause to the trial court for a new trial on the alleged violations of probation, conducted in light of Grubbs, supra, and Ray v. State, 387 So.2d 995 (Fla. 4th DCA 1980).

1981On July 26, 1979 the supreme court filed its opinion and decision in the ease of Grubbs v. State, 373 So.2d 905 (Fla.1979), holding that under certain circumstances the constitutional exclusionary rule set forth in article I, section 12, Florida Constitution, was applicable to probation revocation proceedings.

11981–1981

Where else courts name it

KS 7 (2006–2026) FL 5 (1981–2023) MN 4 (1977–2015) TX 4 (1977–2016) PA 3 (1983–1994) GA 2 (2015–2015) MD 2 (1998–1999)

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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