WALTER REX BALSER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FRANK D. UPCHURCH, Jr., Judge.
Balser appeals conditions ten and sixteen of his probation. Condition ten prohibits Balser from consuming alcoholic beverages or frequenting establishments serving alcoholic beverages. Under the facts presented, we find no error in imposition of this condition and AFFIRM.
Condition sixteen provides:
You will submit to search of your person, residence or automobile, by any law enforcement officer, or your Probation Officer, without a search 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.
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Jaumon Ramar Lewis v. State, 823 So. 2d 260 (Fla. 3d DCA 2002)…1332 (Fla.1997). On cross-examination of the arresting officer, the arresting officer should have been allowed to testify about whether the crime scene technicians performed a gunshot residue test on defendant-appellant Lewis. See Jones v. State, 399 So. 2d 67, 68 (Fla. 5th DCA 1981). In view of the other evidence in the case, however, we conclude that the error was harmless be [*261] yond a reasonable doubt. State v. DiGuilio, 491 So. 2d 1129, 1138 (Fla.1986). Affirmed.…
Authorities Cited
- Grubbs v. State, 373 So. 2d 905 (Fla. 1979)
- Johnson v. State, 386 So. 2d 291 (Fla. 5th DCA 1980)