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00-391 Florida v. Thomas

“To deny review here would not necessarily cause Florida to go to trial without the suppressed evidence with further appeal barred in the event of an acquittal or the federal claim mooted in the event of a conviction. The state court has yet to decide whether the evidence should be suppressed; that will be resolved on remand. If the State prevails on remand and the evidence is admitted under [Chimel v. California, 395 U.S. 752 (1969)], then the [New York v. Belton, 453U.S> 454 (1981)] issue will be moot, and the State cannot seek review of it. But if the State loses, and the evidence is suppressed, Florida law allows the State to appeal, as long as it does so prior to trial… Should the Supreme Court of Florida rule against the State on the Chimel issue, the question of suppression would be finally decided by the Florida courts, and the State could then seek certiorari in this Court. At that time it could obtain review of both the Belton issue and the Chimel issue.”

Certiorari dismissed.

Rehnquist, C.J.

Certiorari to the Supreme Court of Florida, 761 So.2d 1010.

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