State v. Famiglietti

Full title: STATE OF FLORIDA, APPELLANT, v. DAVID WALSH FAMIGLIETTI, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 22, 1981

397 So. 2d 419 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-1386.

April 22, 1981.

Non-final appeal from Circuit Court, Broward County; Joseph E. Price, Jr., Judge.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellant.

Max P. Engel, Miami, for appellee.

PER CURIAM.

This cause is remanded to the trial court with instructions to conduct an evidentiary hearing to determine whether defendant had a reasonable expectation of privacy in the area searched and thus, whether defendant had standing to contest the search and seizure within the dwelling. See Rawlings v. Kentucky, 448 U.S. 98, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980); United States v. Salvucci, 448 U.S. 83, 100 S.Ct. 2547, 65 L.Ed.2d 619 (1980); Inchaustegui v. State, 392 So.2d 319 (Fla.4th DCA 1980).

BERANEK, GLICKSTEIN, and HURLEY, JJ., concur.