LARRY EUGENE JESSEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1979-10-12
No. 79-1044
HOBSON, Acting C. J., and OTT, J., concur.
375 So. 2d 881 Florida District Court of Appeal, Second District (1979) Caution
Cited by 18 cases
Topics
Warrantless Search Motion To Suppress

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Opinion of the Court
RYDER, Judge.

RYDER, Judge.

Appellant seeks review of an order denying his motion to suppress. Our review of the record convinces us that the evidence fully supports the trial judge’s decision.

Appellant also contends that condition (13) of the order placing him on probation, which requires him “to permit, during the period of probation, without a warrant, the search of his person, premises or vehicle by any law officer or probation officer at any time” is invalid in light of the holding in Grubbs v. State, 373 So. 2d 905 (Fla. 1979). We agree that the condition is invalid to the extent that it allows unrestricted warrant-less searches by law enforcement officers. However, the authorization of searches by appellant’s probation officer is valid.

Accordingly, we affirm the order appealed from but remand the cause with directions to strike the reference to law enforcement officers in condition (13) of appellant’s order of probation.

HOBSON, Acting C. J., and OTT, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (18 total)

  • State v. Murray, 443 So. 2d 955 (Fla. 1984)
    …HAW, Judge. Petitioner seeks review of Murray v. State, 425 So. 2d 157 (Fla. 4th DCA 1983), because of direct and express conflict with Cobb v. State, 376 So. 2d 230 (Fla.1979); Tacoronte v. State, 419 So. 2d 789 (Fla. 3d DCA 1982); Zamot v. State, 375 So. 2d 881 (Fla. 3d DCA 1979); and Oliva v. State, 346 So. 2d 1066 (Fla. 3d DCA), cert. dismissed, 348 So. 2d 951 (Fla.1977), cert. denied, 434 U.S. 1010, 98 S.Ct. 719, 54 L.Ed.2d 752 (1978). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Respondent was…
  • Blair v. State, 406 So. 2d 1103 (Fla. 1981)
    …air and impartial verdict could not be rendered.” Oliva v. State, 346 So. 2d 1066, 1068-69 (Fla. 3d DCA 1977), cert. denied, 434 U.S. 1010, 98 S.Ct. 719, 54 L.Ed.2d 752 (1978). They did not “materially contribute to this conviction”, Zamot v. State, 375 So. 2d 881, 883 (Fla. 3d DCA 1979) were not “so harmful or fundamentally tainted so as to require a new trial”, Smith v. State, 354 So. 2d 477, 478 (Fla. 3d DCA 1978); and were not so inflammatory that they “might have influenced the jury to reach a more sever…
  • Rosso v. State, 505 So. 2d 611 (Fla. 3d DCA 1987)
    …105 S.Ct. 1038, 84 L.Ed.2d 1 (1985); Nicholson v. State, 486 So. 2d 688 (Fla. 3d DCA), rev. denied, 500 So. 2d 545 (Fla.1986); Tarpley v. State, 477 So. 2d 63 (Fla. 3d DCA 1985); Williard v. State, 462 So. 2d 102 (Fla. 2d DCA 1985); Zamot v. State, 375 So. 2d 881 (Fla. 3d DCA 1979). Courts are also more likely to excuse prosecutorial excesses in death penalty cases since the situation automatically engenders “florid arguments and dramatic perorations.” Collins v. .State, 180 So. 2d 340, 342 (Fla.1965); see,…

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