Lucas Gabriel Mercado v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 1, 2026
Docket3D2025-1004
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed October 1, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D25-1004
Lower Tribunal No. F24-18684
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Lucas Gabriel Mercado,
Appellant,
vs.
State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Ellen Sue
Venzer, Judge.
Carlos J. Martinez, Public Defender, and Maria Lauredo, Chief
Assistant Public Defender, for appellant.
James Uthmeier, Attorney General, and Ryan Patrick Schelwat,
Assistant Attorney General, for appellee.
Before GORDO, LOBREE and BOKOR, JJ.
PER CURIAM.
Affirmed. See State v. Teamer, 151 So. 3d 421, 430 (Fla. 2014)
(“Under the exclusionary rule announced by the United States Supreme
Court, the Fourth Amendment bars the use of evidence secured through an
illegal search and seizure. Whether the exclusionary sanction is
appropriately imposed in a particular case . . . is an issue separate from the
question whether the Fourth Amendment rights of the party seeking to invoke
the rule were violated by police conduct.” (citation modified)); State v.
Walton, 565 So. 2d 381, 384 (Fla. 5th DCA 1990) (“The deputy was clearly
going to search the duffle bag. Once he discovered contraband in the duffle
bag, the deputy would then have had probable cause to search the blue
suitcase. . . . The unchallenged facts establish sufficient ‘inevitability.’ It was
purely fortuitous which piece of luggage the deputy searched first. He clearly
was going to search them both.”).
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