FLOYD C. SHUFTY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Counsel for appellant submitted the instant appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We have carefully reviewed the entire record on appeal and have concluded that no reversible error exists.
Concerning appellant’s extradition process, pursuant to section 941.03, Florida Statutes (1981), a copy of a warrant supported by an affidavit made before a committing magistrate of the demanding state shall be recognized in lieu of an authenticated copy of an indictment or information. State ex rel. Owens v. Boyer, 207 So. 2d 29 (Fla. 2d DCA 1968). Furthermore, since the provisions of the statute were correctly followed here, we hold that the denial of appellant’s petition for writ of habeas corpus was proper. Affirmed.
OTT, C. J., and RYDER and CAMPBELL, JJ., concur.
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Shapiro v. State, 456 So. 2d 968 (Fla. 2d DCA 1984)…ion does not deprive the affidavit, or its resulting warrant, of its efficacy and is but a continuation of the prosecution begun by the affidavit and issuance of the warrant. Mitchell v. Stoutamire, 113 Fla. 822, 152 So. 629 (1934); Shufty v. State, 419 So. 2d 1171 (Fla. 2d DCA 1982). It must be pointed out that interstate extradition is essentially a federal matter and state legislation may not conflict with or require more than the Federal Act, 18 U.S.C.A., section 3182, governing extradition. State v. Cox,…
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Long v. State, 422 So. 2d 72 (Fla. 2d DCA 1982)…e Long of his intention to impound the vehicle unless Long could provide a reasonable alternative, the impoundment was improper. See also Sanders v. State, 403 So. 2d 973 (Fla.1981); K.J.B. v. State, 420 So. 2d 114 (Fla.2d DCA 1982); Judge v. State, 419 So. 2d 1171 (Fla.2d DCA 1982); and State v. [*74] Filter, 414 So. 2d 1127 (Fla.2d DCA 1982). Therefore, the subsequent warrantless search of the vehicle and seizure of the physical evidence constituted an unreasonable search and seizure, requiring exclusion fro…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- State of Fla. ex rel. Robert Shirley Owens v. Boyer, 207 So. 2d 29 (Fla. 2d DCA 1968)