FLOYD B. WARWICK, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a conviction for robbery, holding that evidence obtained from an illegal search of the defendant's home was inadmissible. The court emphasized the importance of constitutional rights against unreasonable searches.
No, evidence obtained from a warrantless search of a suspect's private dwelling, without a waiver of constitutional rights, is inadmissible if timely and proper objection is made.
“Where a person who is suspected of having committed a crime, is arrested by police officers several blocks from his residence and confined in jail, may evidence obtained by a search of the prisoner’s private dwelling by police officers, without a search warrant and in the absence of a waiver by the prisoner of his constitutional rights, be used to convict him where timely and proper objection is made by him to the use of such evidence?”
This quote frames the central legal question the court was asked to decide.
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Join FLexlaw to unlock all legal intelligenceThe defendant was arrested for robbery and convicted based on evidence found during a search of his private residence. This search was conducted by po…
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—In this case the defendant was tried and convicted upon an Information charging robbery while being armed with a deadly weapon. The evidence, such as it was in the ease, is far from conclusive of the defendant’s guilt. It appears to be stated by plaintiff in error and conceded by the State that the question necessary for us to determine in this case is as follows:
“Where a person who is suspected of having committed a crime, is arrested by police officers several blocks from his residence and confined in jail, may evidence obtained by a search of the prisoner’s private dwelling by police officers, without a search warrant and in the absence of a waiver by the prisoner of his constitutional rights, be used to convict him *394where timely and proper objection is made by him to the use of such evidence?”
Under authority of the opinion and judgment in the case of Gildrie et al. vs. State, and authorities there cited, 94 Fla. 134, 113 Sou. 704, this question must be answered in the negative and the judgment reversed. It is so ordered.
Reversed.
Buford, C.J., and Whitfield, Ellis, Terrell and Brown, J.J., concur.
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Citator
Cited By
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Thurman v. State, 116 Fla. 426 (Fla. 1934)…s been unlawfully searched.” (Citing the Gildrie case, also 24 A. L. R. 1359, et seq., and 32 A. L. R. 383, et seq.) The samé rule would also apply to evidence obtained by an unlawful search conducted without a warrant.”' See also Warwick v. State, 104 Fla. 393, 140 So. 219, which involved the search of a prisoner’s private dwelling while he was confined in jail, without a search warrant, and the evidence thus obtained was held to be inadmissible. In-the case of Cooper v. State, 106 Fla. 254, it was held t…
Authorities Cited
- Gildrie v. State, 94 Fla. 134 (Fla. 1927)