STATE OF FLORIDA, PETITIONER,
v.
JAMES A. CABBAGESTALK, RESPONDENT

Fla. | 1986-05-01
No. 66993
BOYD, C.J., and OVERTON, MCDONALD, EHRLICH, SHAW and BARRETT, JJ., concur.
487 So. 2d 1055 Florida Supreme Court (1986) Positive Treatment
Cited by 1 case


Opinion of the Court
ADKINS, Justice.

ADKINS, Justice.

In Cabbagestalk v. State, 473 So. 2d 718 (Fla. 4th DCA 1985), the Fourth District, on the authority of Tamer v. State, 463 So. 2d 1236 (Fla. 4th DCA 1984), held the exclusionary rule applicable to probation revocation proceedings and certified to this Court the following question:

Under the 1983 amendment to article I, section 12 of the Florida Constitution, does the exclusionary rule apply in probation revocation hearings?

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Because we have recently answered this question in the affirmative in State v. Cross, 487 So. 2d 1056 (Fla.1986), we ap prove the decision of the district court on the authority of Cross.

It is so ordered.

BOYD, C.J., and OVERTON, MCDONALD, EHRLICH, SHAW and BARRETT, JJ., concur.


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    …PER CURIAM. Affirmed. State v. Pina, 487 So. 2d 351 (Fla. 4th DCA), aff'd on other grounds, 487 So. 2d 1055 (Fla.1986).…

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