CLIFTON JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed a manslaughter conviction and enhanced sentence but struck a probation condition authorizing warrantless searches by any law enforcement officer as violating constitutional search and seizure protections.
A probation condition authorizing warrantless searches by any law enforcement officer violates the Fourth and Fifth Amendment search and seizure protections and must be stricken.
[1] A probation condition authorizing warrantless searches by any law enforcement officer violates the Fourth Amendment and Florida Constitution protections against unreasona…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Search: The Court retains custody over the person of the probationer and authorizes any probation supervisor and any law enforcement officer to search, at any time, the probationer and all vehicles and premises concerning which he has legal standing to give consent to search.”
The probation condition that appellant challenged as unconstitutionally overbroad.
Johnson was charged with first-degree murder, convicted of the lesser included offense of manslaughter, and sentenced to 30 years imprisonment with th…
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WALKER, GRISSIM H., Associate Judge.
Appellant was charged with first degree murder and found guilty by the jury of the lesser included offense of manslaughter. The state moved for an enhanced penalty under section 775.084, Florida Statutes (1977). The court, following a sentencing hearing as provided in the statute, imposed an enhanced penalty. The appellant contends there were errors in the sentencing proceedings but this court finds none and affirms the sentence except as hereinafter set forth.
Appellant was sentenced to 30 years imprisonment, with the final 10 years suspended and the appellant to be on probation during the 10 years. Condition IV of the probation condition placed upon appellant states:
Search: The Court retains custody over the person of the probationer and authorizes any probation supervisor and any law enforcement officer to search, at any time, the probationer and all vehicles and premises concerning which he has legal standing to give consent to search.
Appellant contests the search condition insofar as it authorizes searches by any law enforcement officer. This provision violates the search and seizure provisions of the Federal and Florida Constitutions. 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).
Therefore, the judgment and sentence are affirmed except the probation condition authorizing a warrantless search at any time by law enforcement officers is hereby ordered stricken.
Affirmed as modified.
ORFINGER and SHARP, JJ., concur.
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Gries Inv. Co. v. Chelton, 388 So. 2d 1281 (Fla. 3d DCA 1980)…ppeal. Gries did neither. Consequently, in September 1979, the trial court was without jurisdiction to entertain and act upon Gries’ motion for leave to file an amended complaint, Jennings Construction Corporation v. C. H. V. Investment Corporation, 386 So. 2d 291 (Fla. 3d DCA 1980); State ex rel. Terminal Transport Company v. Earnest, supra. The trial court’s order dismissing the amended complaint is hereby affirmed.6 Affirmed. . Chelton cross appeals from that part of the order denying his motion to tax a…
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Balser v. State, 399 So. 2d 67 (Fla. 5th DCA 1981)…rch warrant. A condition of probation authorizing warrantless searches by any law enforcement officer violates the search and seizure provisions of the Federal and Florida Constitutions. Grubbs v. State, 373 So. 2d 905 (Fla.1979); Johnson v. State, 386 So. 2d 291 (Fla. 5th DCA 1980). Therefore, the portion of condition sixteen requiring appellant to submit to a search by “any law enforcement officer” is hereby ordered stricken. Johnson v. State. AFFIRMED as modified. COBB and COWART, JJ., concur.…
Authorities Cited
- 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)