FL3 discusses how state constitution must be interpreted the same as the Fourth Amendment

FL Constitution has to be interpreted the same as the Fourth Amendment, and defendant loses. State v. Moreno-Gonzalez, State v. Moreno-Gonzalez (Fla. App. 3d DCA September 30, 2009):

Thus, prior to passage of the 1982 revisions to Article I, Section 12, Florida courts “were free to provide its citizens with a higher standard of protection from governmental intrusion than that afforded by the federal constitution.” State v. Lavazzoli, 434 So. 2d 321, 323 (Fla. 1983). With this amendment, however, Florida courts became bound to follow the interpretations of the United States Supreme Court with relation to the Fourth Amendment, and provide no greater protection than those interpretations. See State v. Butler, 655 So. 2d 1123, 1125 (Fla. 1995) (“This Court is bound, on search and seizure issues, to follow the opinions of the United States Supreme Court regardless of whether the claim of an illegal arrest or search is predicated upon the provisions of the Florida or United States Constitutions.”) (citations omitted); Bernie v. State, 524 So. 2d 988, 992 (Fla. 1988). Indeed, an exclusionary rule that was once constitutionally mandated in Florida can now be eliminated by judicial decision of the United States Supreme Court. Bernie, 524 So. 2d at 990-91. We note that our Supreme Court has not addressed the post-1982 interplay of the above-quoted sentences in Article I, Section 12, where a search warrant was procured upon probable cause shown by an officer who swore to the allegations in the affidavit under oath before the judge, initialed each of the pages of the affidavit, and also initialed each of the three pages of the search warrant but did not sign the affidavit.

Mall security guards are state actors not subject to the Fourth Amendment. They detained and handcuffed the defendant and held him for police. State v. Santiago, 2009 NMSC 45, 147 N.M. 76, 217 P.3d 89 (2009).*

This entry was posted in Uncategorized. Bookmark the permalink.

Comments are closed.