KEITH F. ISAACS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court quashed the lower court's decision approving warrantless searches of probationers, but upheld other probation conditions regarding chemical tests and association with a specific person as within the trial court's discretion.
The court held that the unilateral granting of authority for warrantless searches of probationers is improper, but probation conditions for chemical tests and forbidding association with a specific person are within the trial court's discretion.
Petitioner challenged probation conditions, including warrantless searches, chemical tests for controlled substances, and a prohibition on associating…
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PER CURIAM.
This is a petition for writ of certiorari from the District Court of Appeal, Fourth District, reported at 351 So. 2d 359 (Fla. 4th DCA 1977). We issued the writ and have-heard argument of the parties. The case was initially consolidated with Pace v. State, 350 So. 2d 1075 (Fla. 4th DCA 1977); Sanders v. State, 351 So. 2d 361 (Fla. 4th DCA 1977); Keller v. State, 351 So. 2d 382 (Fla. 4th DCA 1977); and Hampton v. State, 351 So. 2d 1101 (Fla. 4th DCA 1977). In part 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 decision of the district court is quashed to the extent it approves the unilateral granting to law enforcement officers of additional authority to conduct warrant-less searches of probationers.
The remaining issue concerns the validity of a probation condition allowing chemical tests to determine the systemic presence of controlled substances and the validity of a condition forbidding the probationer to associate with his brother. Both conditions are similar to those previously held to be within the discretionary aúthority of the trial judge in Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977).
The contention of the petitioner is that the conditions are per se improper. No contention is made that the trial court abused its discretion on the grounds that the conditions are not reasonably related to the offense and the circumstances surrounding the charge. The conditions imposed are within the discretion of the trial court and are not constitutionally prohibited under the circumstances in this case. This case is 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)
- Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977)
- Pace v. State, 350 So. 2d 1075 (Fla. 4th DCA 1977)
- Keller v. State, 351 So. 2d 382 (Fla. 4th DCA 1977)
- Isaacs v. State, 351 So. 2d 359 (Fla. 4th DCA 1977)
- Mulligan v. Mulligan, 351 So. 2d 361 (Fla. 4th DCA 1977)
- Jacalyn Brown v. State Farm Mut. Auto. Ins. Co., 351 So. 2d 1101 (Fla. 3d DCA 1977)
- Hampton v. State, 351 So. 2d 1101 (Fla. 4th DCA 1977)