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Mestral v. State, No. 08-216 (Fla. App. 9/2/2009) (Fla. App., 2009)

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Ruben Viera Mestral, Appellant, v. The State of Florida, Appellee. No. 08-216. District Court of Appeal of Florida, Third District. Opinion filed September 2, 2009. An Appeal from the Circuit Court for Miami-Dade County, Reemberto Diaz, Judge, Lower Tribunal No. 04-10466. John H. Lipinski, for appellant. Bill McCollum, Attorney General, and Nikole Hiciano, Assistant Attorney General, for appellee. Before RAMIREZ, C.J., and COPE and WELLS, JJ. COPE, J. The police took defendant-appellant Mestral into custody in his front yard and conducted a protective sweep inside his house. Because the police entered without consent, exigent circumstances, or a search warrant, the protective sweep was illegal. The motion to suppress evidence should have been granted...continue to full post

Full post as published by Florida Criminal Law Opinions on September 02, 2009 (boomark / email).