TED J. RINEHART, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court discharged a writ of certiorari, finding no direct conflict between the lower appellate court's decision and other Florida appellate decisions on the same legal point. The court noted that the petitioner voluntarily consented to the search of his automobile, making the legality of the arrest irrelevant.
No, the Second District Court of Appeal's decision does not conflict with another Florida appellate decision on the same point of law. Therefore, the writ of certiorari must be discharged.
“The facts as limned by the Second District Court of Appeal's opinion1 show that the petitioner voluntarily consented in writing to the search of his automobile.”
Establishes the key fact that the petitioner consented to the search of his vehicle.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe petitioner voluntarily consented in writing to the search of his automobile. The Second District Court of Appeal's opinion did not disclose the ci…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Conflict Of Decisions cases and more on FLexlaw
The petition for writ of certiorari herein reflected apparent jurisdiction in this court, hence we issued the writ and have now heard the argument of the respective parties.
The facts as limned by the Second District Court of Appeal’s opinion1 show that the petitioner voluntarily consented in writing to the search of his automobile. Thus it becomes unnecessary, if not impossible, for us to consider and decide whether the search was made pursuant to a lawful arrest. Finally the opinion of the District Court of Appeal does not on its face disclose the circumstances attendant upon the search of the person of the petitioner Rinehart or that the results of such a search became a part of the evidence against him.
Upon our further consideration of this matter, we have determined that the decision of the District Court is not in direct conflict with a decision of another District Court of Appeal or of the Supreme Court on the same point of law.2 Therefore the writ must be and is hereby discharged and the petition for writ of certiorari is hereby dismissed.
It is so ordered.
THOMAS, C. J., and TERRELL, HOB-SON, DREW, THORNAL and O’CON-NELL, JJ., concur.
ROBERTS, J., heard the argument but did not participate in the decision.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Davis v. State, 226 So. 2d 257 (Fla. 2d DCA 1969)…858, 875. The fact that appellant was under arrest and in custody at the time consent to the search was given does not render that consent involuntary as a matter of law. Rinehart v. State, Fla.App. 1959, 114 So. 2d 487, cert. dismissed, Fla.1960, 121 So. 2d 654, cert. denied, 365 U.S. 849, 81 S.Ct. 812, 5 L.Ed.2d 813; Annot., 9 A.L.R.3d 858, 873-886. Even though the state has the heavy burden to overcome in showing the voluntariness of such consent when the defendant is under arrest, it appears that burden…
-
Echols v. State, 201 So. 2d 89 (Fla. 2d DCA 1967)…s in the case, sub judice, touching upon the arrest of the defendant are certainly as strong, or stronger, than those which this Court had before it for consideration in the case of Rinehart v. State, Fla.App., 114 So. 2d 487; certio-rari dismissed, 121 So. 2d 654; certiorari denied, 365 U.S. 849, 81 S.Ct. 812, 114 So. 2d 487, 5 L.Ed.2d 813. In Rinehart the defendant was arrested and charged with vagrancy on even less incriminating circumstances than was the defendant, Echols, and notwithstanding Rinehart was…
-
Johnson v. State, 202 So. 2d 852 (Fla. 1967)…City of St. Petersburg v. Calbeck, 114 So. 2d 316 (Fla.App.2d 1959); State ex rel. Green v. Capehart, 138 Fla. 492, 189 So. 708 (1939). Appellant’s conviction must be upheld, Rinehart v. State, 114 So. 2d 487 (Fla.App.2d 1959), certiorari dismissed 121 So. 2d 654 (1960), certiorari denied 365 U.S. 849, 81 S.Ct. 812, 5 L.Ed.2d 813 (1961); Sutherland v. State, 167 So. 2d 236 (Fla.App.2d 1964), certiorari denied 173 So. 2d 148 (1965). Accordingly, the judgment appealed from is affirmed. It is so Ordered. CAL…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rinehart v. State, 114 So. 2d 487 (Fla. 2d DCA 1959)
- Shay v. State, 70 So. 2d 363 (Fla. 1954)