In the Interest of G. J. S. v. State

District Court of Appeal of Florida

In the Interest of G. J. S. v. State

393 So. 2d 14, 1980 Fla. App. LEXIS 17752

CourtDistrict Court of Appeal of Florida

DecidedDecember 3, 1980

DocketNo. 80-200

StatusPublished

Cited by3 cases

This text of 393 So. 2d 14 (In the Interest of G. J. S. 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.

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In the Interest of G. J. S. v. State, 393 So. 2d 14, 1980 Fla. App. LEXIS 17752 (Fla. Ct. App. 1980).

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Opinion

COWART, Judge.

The inherent nature of a mobile automobile constitutes an exigent circumstance making its search upon probable cause but without a warrant constitutionally reasonable. Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970); Carroll v. U. S., 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925); State v. Francoeur, 387 So.2d 1063 (Fla. 5th DCA 1980); State v. Rapp, 389 So.2d 1100 (Fla. 1st DCA 1980) [1980 F.L.W. 2075], The trial court’s denial of a motion to suppress based on its finding of probable cause comes to this court with a presumption of correctness. McNamara v. State, 357 So.2d 410, 412 (Fla.1978). Appellant has failed to overcome that presumption in this case. The final judgment and sentence is

AFFIRMED.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

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COWART, Judge.

The inherent nature of a mobile automobile constitutes an exigent circumstance making its search upon probable cause but without a warrant constitutionally reasonable. Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970); Carroll v. U. S., 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925); State v. Francoeur, 387 So.2d 1063 (Fla. 5th DCA 1980); State v. Rapp, 389 So.2d 1100 (Fla. 1st DCA 1980) [1980 F.L.W. 2075], The trial court’s denial of a motion to suppress based on its finding of probable cause comes to this court with a presumption of correctness. McNamara v. State, 357 So.2d 410, 412 (Fla.1978). Appellant has failed to overcome that presumption in this case. The final judgment and sentence is

AFFIRMED.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

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393 So. 2d 14, 1980 Fla. App. LEXIS 17752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-g-j-s-v-state-fladistctapp-1980.

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