OELSCHLAGER v. KNIGHT (2018)

District Court of Appeal of Florida, Second District.

Derek OELSCHLAGER, Appellant/Petitioner(s), v. Thomas M. KNIGHT, Sheriff, Appellee/Respondent(s).

CASE NO.: 2D18-2593

Decided: July 03, 2018

The petition for writ of habeas corpus is granted, and the trial court is ordered to strike the “Nebbia hold” imposed on the petitioner. “[U]nder our state's constitution, Florida courts lack authority to detain accuseds for the purpose of inquiring into the source of funds used to post bail.” Casiano v. State. 241 So. 3d 219, 220 (Fla. 2d DCA 2018).

BY ORDER OF THE COURT:

CASANUEVA, CRENSHAW, and SALARIO, JJ., Concur.

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