DeMontmorency v. State, 464 So. 2d 1201

ADKINS, Justice.

In accordance with the recent United States Supreme Court decision in Oliver v. United States, — U.S. -, 104 S.Ct. 1735, 80 L.Ed.2d 214 (1984), we grant rehearing and vacate our prior opinion in this ease and hold that warrantless “open field” searches are proper, and that evidence received as a result thereof should not be suppressed. We approve the decision of the district court. 401 So.2d 858.

It is so ordered.

BOYD, C.J., and OVERTON, ALDERMAN, MCDONALD and EHRLICH, JJ., concur.

Case Details

Case Name: DeMontmorency v. State

Court Name: Supreme Court of Florida

Date Published: Feb 28, 1985

Citations: 464 So. 2d 1201; 10 Fla. L. Weekly 147; 1985 Fla. LEXIS 2954; No. 61179

Docket Number: No. 61179

Court Abbreviation: Fla.