Gore v. State

District Court of Appeal of Florida

Gore v. State

237 So. 2d 243, 1970 Fla. App. LEXIS 6135

CourtDistrict Court of Appeal of Florida

DecidedJuly 9, 1970

DocketNo. L-289

StatusPublished

Cited by2 cases

This text of 237 So. 2d 243 (Gore v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gore v. State, 237 So. 2d 243, 1970 Fla. App. LEXIS 6135 (Fla. Ct. App. 1970).

Pincite

Opinion

PER CURIAM.

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.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

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.

Cite This Page — Counsel Stack

Bluebook (online)

237 So. 2d 243, 1970 Fla. App. LEXIS 6135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gore-v-state-fladistctapp-1970.

Opinion

Related

Cite This Page — Counsel Stack