5D10-287 Arthur High v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-287

Case Date: 11/08/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2010

ARTHUR HIGH, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 12, 2010 Appeal from the Circuit Court for Marion County, Willard Pope, Judge. James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. See Minnesota v. Carter, 525 U.S. 83, 90 (1998) ("Thus, an overnight guest in a home may claim the protection of the Fourth Amendment, but one who is merely present with the consent of the householder may not."); see also McCauley v. State, 842 So. 2d 897 (Fla. 2d DCA 2003); State v. Mallory, 409 So. 2d 1222 (Fla. 2d DCA 1982). AFFIRMED. LAWSON, EVANDER and JACOBUS, JJ., concur. Case No. 5D10-287

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