TERRY LEROY GORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's conviction for robbery was affirmed where evidence obtained from a consensual search of a car was admissible despite Fourth Amendment challenge.
Evidence obtained from a search of a vehicle is admissible when the owner and person in custody of the vehicle gave written consent to the search.
[1] A search of a vehicle is lawful and its fruits admissible when the owner and person in custody of the vehicle provides written consent to the search.
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted of robbing an inebriated victim outside a tavern in Bay County, Florida. A cigarette lighter belonging to the victim was found…
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Appellant was convicted of a robbery which occurred outside a beer joint in Bay County, Florida. The robbery victim was somewhat inebriated at the time and had been sent home by the barmaid. Appellant also had been inside the tavern and left at about the same time as the victim. The evidence of guilt is clear, including eyewitness testimony that appellant was observed going through the victim’s pockets as the latter lay on the ground. The principal question raised on appeal relates to the admissibility in evidence of the victim’s cigarette lighter which had been found in a car belonging to appellant’s friend and in which car appellant was riding as a passenger as he left the scene. The admissibility of the lighter is challenged as being the fruit of an unlawful search and seizure. However, we find that claim to be wholly without merit inasmuch as the owner and person in custody of the car at all material times gave his written consent to the search. In those circumstances, it is clear that the fruits of the search are admissible in evidence. Cameron v. State, 112 So.2d 864 (Fla.App.1959); and Frazier v. Cupp, 394 U.S. 731, 89 S.Ct. 1420 22 L.Ed.2d 684 (1969).
Affirmed.
CARROLL, DONALD K., Acting C. J. and WIGGINTON and SPECTOR, JJ., concur.
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Travelers Indem. Co. v. Mercer, 250 So. 2d 283 (Fla. 4th DCA 1971)…MAGER, Judge. This is an appeal from a final judgmnet entered pursuant to a mandate of this court. In Federal Insurance Company v. Mercer, Fla.App.1970, 237 So. 2d 243, this court reversed a final judgment previously entered in favor of R. B. Mercer, plaintiff-appellee in that cause, and concluded as follows: “For the reasons stated, the final judgment appealed from is reversed with directions to enter final judg…
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Gore v. State, 260 So. 2d 218 (Fla. 1st DCA 1972)…his motion to vacate the judgment and sentence received for the offense of robbery. We have previously considered and ruled upon the same issue raised in appellant’s motion to vacate in our review of the direct appeal of this cause. Gore v. State, 237 So. 2d 243 (Fla.App. 1st, 1970). As stated by this Court in Carter v. State, 242 So. 2d 737, at 738 (Fla.App. 1st, 1970): “Questions which have been considered and disposed of on a direct appeal of a judgment of conviction and sentence will not be considered…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Frazier v. Cupp, 394 U.S. 731 (U.S. 1969)
- Cameron v. State, 112 So. 2d 864 (Fla. 1st DCA 1959)