KENNETH KERMIT SMITH, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ORFINGER, Judge.
Appellant contends that condition (11) of his probation which requires him to consent to a search of himself or any vehicle or premises under his control at any time by any law enforcement officer is overbroad and violates his rights under the Fourth Amendment to the United States Constitution and Article I, Section 12 of the Florida Constitution.
The provision is Valid insofar as it permits appellant’s probation supervisors to make these searches, but is not valid insofar as it grants blanket permission for warrantless searches to other law enforcement officers. Grubbs v. State, 373 So. 2d 905 (Fla.1979); Wood v. State, 378 So. 2d 110 (Fla. 5th DCA 1980).
Condition (11) of the probation order is modified to apply only to probation supervisors, and as modified, the judgment and sentence are
AFFIRMED.
DAUKSCH, C. J., and SHARP, J., concur.
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Elkins v. State, 388 So. 2d 1314 (Fla. 5th DCA 1980)…rantless searches by any law enforcement officer, but is correct insofar as it permits such searches by appellant’s probation supervisor. Grubbs v. State, 373 So. 2d 905 (Fla. 1979); Wood v. State, 378 So. 2d 110 (Fla. 5th DCA 1980); Smith v. State, 383 So. 2d 991 (Fla. 5th DCA 1980). [*1317] Condition 11 of the probation order is therefore modified to apply only to appellant’s probation supervisors, and as modified, the judgment and sentence are AFFIRMED. FRANK D. UPCHURCH and SHARP, JJ., concur.…
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Ethingor Wilzo Warren v. State, 547 So. 2d 324 (Fla. 5th DCA 1989)…rch the probationer and is not a blanket grant of permission for warrantless searches and seizures to all law enforcement officers. See Grubbs v. State, 373 So. 2d 905 (Fla.1979); Elkins v. State, 388 So. 2d 1314 (Fla. 5th DCA 1980); Smith v. State, 383 So. 2d 991 (Fla. 5th DCA 1980); Wood v. State, 378 So. 2d 110 (Fla. 5th DCA 1980).…
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Llanos v. State, 401 So. 2d 848 (Fla. 5th DCA 1981)…cal examinations at the request of a law enforcement officer is an invalid condition. Grubbs v. State, 373 So. 2d 905 (Fla.1979); Jones v. State, 384 So. 2d 956 (Fla. 5th DCA 1980), pet. for review denied, 392 So. 2d 1375 (Fla.1980); Smith v. State, 383 So. 2d 991 (Fla. 5th DCA 1980); Wood v. State, 378 So. 2d 110 (Fla. 5th DCA 1980). The trial court is directed to vacate the double judgments and sentences of aggravated battery and enter one judgment and one sentence for that crime. The trial court is furthe…
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- Grubbs v. State, 373 So. 2d 905 (Fla. 1979)
- Wood v. State, 378 So. 2d 110 (Fla. 5th DCA 1980)