FRANK ANTHONY PACE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT; JOHNNY LEE SANDERS, PETITIONER, V. STATE OF FLORIDA, RESPONDENT; PATRICK KELLER, PETITIONER, V. STATE OF FLORIDA, RESPONDENT; WILLIE HAMPTON, PETITIONER, V. STATE OF FLORIDA, RESPONDENT
FRANK ANTHONY PACE, PETITIONER,
STATE OF FLORIDA, RESPONDENT; JOHNNY LEE SANDERS, PETITIONER, V. STATE OF FLORIDA, RESPONDENT; PATRICK KELLER, PETITIONER, V. STATE OF FLORIDA, RESPONDENT; WILLIE HAMPTON, PETITIONER, V. STATE OF FLORIDA, RESPONDENT
373 So. 2d 911
Florida Supreme Court (1979)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The petitions for writ of certiorari were consolidated. We issued the writs and have heard argument of the parties. The issue is identical to the certified question answered by this court in Grubbs v. State, 373 So. 2d 905 (Fla.1979).
For the reasons expressed in our opinion in Grubbs, the district court decisions in these eases are quashed to the extent they approve the unilateral granting to law enforcement officers of additional authority to conduct warrantless searches of probationers. These cases are remanded for further proceedings consistent with this opinion.
It is so ordered.
ENGLAND, C. J., and ADKINS, BOYD, OVERTON and SUNDBERG, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wood v. State, 378 So. 2d 110 (Fla. 5th DCA 1980)…he orders are valid insofar as they relate to searches by the probation supervisor. State v. Heath, 343 So. 2d 13 (Fla.1977), cert. denied, 434 U.S. 893, 98 S.Ct. 269, 54 L.Ed.2d 179 (1977); Grubbs v. State, 373 So. 2d 905 (Fla.1979); Pace v. State, 373 So. 2d 911 (Fla.1979). However, to the extent the search condition “intends to grant greater authority to law enforcement officers to conduct a warrantless search, a unilateral search condition set forth in an order of probation requiring a probationer to cons…
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McGEORGE v. State, 386 So. 2d 29 (Fla. 5th DCA 1980)…consent to a search of himself or any vehicle or premises under his control at any time by any law enforcement officer.” This is wrong and that requirement is hereby stricken from the order. Grubbs v. State, 373 So. 2d 905 (Fla.1979); Pace v. State, 373 So. 2d 911 (Fla.1979); Isaacs v. State, 373 So. 2d 911 (Fla.1979). The requirement that this indigent appellant pay his court costs as a condition of probation is affirmed. State v. Byrd, 378 So. 2d 1231 (Fla.1979). The requirement that the accused appellant…1 / 2
Authorities Cited
- Grubbs v. State, 373 So. 2d 905 (Fla. 1979)