ROBERT LEE ADDISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Evidence obtained through a warrantless search of a defendant's room is admissible if the owner of the premises consented to the search.
Appellant, who lived with his grandmother, was convicted of uttering a forgery. Law enforcement searched his room without a warrant or his consent, bu…
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Appellant was convicted on two counts of uttering a forgery. The sole question on this appeal is whether the court erred in admitting certain exhibits into evidence over defendant’s objection on the grounds that the same were obtained by the state through an illegal search and seizure.
Appellant, 19 years of age, lived with his grandmother in her home. One bedroom was occupied exclusively by appellant, but as a guest rather than as a tenant. Law enforcement officers searched this *239room without a warrant and without appellant’s consent, but with the consent of the owner of the premises, appellant’s grandmother. This search produced the exhibits to which objection was made.
The search, having been made with the consent of the owner of the premises, was lawful. Rivers v. State, Fla. 1969, 226 So. 2d 337; Tomlinson v. State, 1937, 129 Fla. 658, 176 So. 543; Rhome v. State, Fla.App. 1969, 222 So.2d 431;. Myrick v. State, Fla. App.1965, 177 So.2d 845. The judgment is affirmed.
CROSS, C. J., and WALDEN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Padron v. State, 328 So. 2d 216 (Fla. 4th DCA 1976)…ual to or greater than that of the defendant. See, e. g., Rivers v. State, 226 So. 2d 337 (Fla.1969) [grandfather] ; Irvin v. State, 66 So. 2d 288 (Fla.1953) [mother] ; Tomlinson v. State, 129 Fla. 658, 176 So. 543 (1937) [father]; Addison v. State, 243 So. 2d 238 (Fla.App. 4th 1971) [grandmother] ; Hills v. State, 238 So. 2d 320 (Fla.App. 3rd 1970) [mother] ; Rhome v. State, 222 So. 2d 431 (Fla.App. 3rd 1969) [mother]. Our research has failed to reveal any Florida ease in which the consent of a minor child t…
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State v. Preston, 387 So. 2d 495 (Fla. 5th DCA 1980)…s room. The state argues that the warrantless search of defendant’s room was proper, since the mother could validly give consent. See Owens v. State, 300 So. 2d 70 (Fla. 1st DCA 1974), appeal dismissed, 305 So. 2d 203 (Fla. 1975); Addison v. State, 243 So. 2d 238 (Fla. 4th DCA 1971). According to United States v. Matlock, 415 U.S. 164, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974), the prosecution may justify a warrantless search by proof that permission to search was obtained from a third party who possessed common…
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Trask v. State, 253 So. 2d 269 (Fla. 2d DCA 1971)…PER CURIAM. Affirmed on authority of Gispert v. State, Fla.App.1960, 118 So. 2d 596; Rhome v. State, Fla.App.1969, 222 So. 2d 431; Rivers v. State, Fla.1969, 226 So. 2d 337; Addison v. State, Fla.App.1971, 243 So. 2d 238; Baugus v. State, Fla.1962, 141 So. 2d 264; and Bowman v. State, 1934, 114 Fla. 29, 152 So. 739. See also F.S. § 933.19, F.S.A. and F.S. § 910.09, F.S.A. PIERCE, C. J., and LILES and HOB-SON, JJ., concur.…
Authorities Cited
- Rhome v. State, 222 So. 2d 431 (Fla. 3d DCA 1969)
- Tomlinson v. State, 129 Fla. 658 (Fla. 1937)
- McArthur Myrick v. State, 177 So. 2d 845 (Fla. 1st DCA 1965)
- Rivers v. State, 226 So. 2d 337 (Fla. 1969)