JOSEPH ANTHONY VECCHIO, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1977-07-06

Nos. 76-1116, 76-1157

Before BARKDULL, HAVERFIELD and NATHAN, JJ.

348 So. 2d 1169 Florida District Court of Appeal, Third District (1977) Positive Treatment

Cited by 2 cases

Topics

Fourth Amendment Particularity Requirement Particularity Requirement Search Warrant Fourth Amendment

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Opinion of the Court

PER CURIAM.

Joseph Anthony Vecchio appeals his convictions of breaking and entering, two counts of grand larceny and burglary.

Vecehio’s sole point on appeal is that the search warrant issued was invalid on its face for failure to particularly describe the property or things to be seized. The subject warrant reads in pertinent part:

“ . . . Stolen property is being possessed in violation of State Statute 812.-031, Receiving Stolen Property. The thing specifically sought to be seized is particularly described as a quantity of stolen auto parts.”

This warrant authorizing the police to search Vecchio’s private residence for stolen auto parts was not tantamount to a license to engage in a general exploratory rummage in Vecchio’s belongings which is prohibited. See Andresen v. Maryland, 427 U.S. 463, 479, 96 S.Ct. 2737, 2748, 49 L.Ed.2d 627, 642 (1976). We find that describing the generic class of items sought was sufficient. Cf. North v. State, 159 Fla. 854, 32 So. 2d 915 (1947); James v. U. S., 416 F. 2d 467 (5th Cir. 1969); U.S. v. Wilson, 451 F. 2d 209 (5th Cir. 1971).

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

State v. Schrager, 472 So. 2d 896 (Fla. 4th DCA 1985)

…983); State v. McCrery, 402 So. 2d 49 (Fla. 1st DCA 1981) (controlled substances, including cocaine, cannabis, and records and notes), rev. denied, 412 So. 2d 467 (Fla.1982), appeal after remand, 429 So. 2d 739 (Fla. 1st DCA 1983); Vecchio v. State, 348 So. 2d 1169 (Fla. 3d DCA 1977) (stolen auto parts), cert. denied, 358 So. 2d 135 (Fla.1978). Cf. United States v. Quantity of Extracts, Bottles, etc., 54 F. 2d 643 (S.D.Fla.1931) (“certain property designed for use in the unlawful manufacture of intoxicating li…

Authorities Cited

Andresen v. Maryland, 427 U.S. 463 (U.S. 1976)
James v. United States, 416 F.2d 467 (5th Cir. 1969)
United States v. Wilson, 451 F.2d 209 (5th Cir. 1971)
North v. State, 159 Fla. 854 (Fla. 1947)

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