Jessee v. State

District Court of Appeal of Florida

Jessee v. State

375 So. 2d 881, 1979 Fla. App. LEXIS 15600

CourtDistrict Court of Appeal of Florida

DecidedOctober 12, 1979

DocketNo. 79-1044

StatusPublished

Cited by2 cases

This text of 375 So. 2d 881 (Jessee 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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Jessee v. State, 375 So. 2d 881, 1979 Fla. App. LEXIS 15600 (Fla. Ct. App. 1979).

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Opinion

RYDER, Judge.

Appellant seeks review of an order denying his motion to suppress. Our review of the record convinces us that the evidence fully supports the trial judge’s decision.

Appellant also contends that condition (13) of the order placing him on probation, which requires him “to permit, during the period of probation, without a warrant, the search of his person, premises or vehicle by any law officer or probation officer at any time” is invalid in light of the holding in Grubbs v. State, 373 So.2d 905 (Fla. 1979). We agree that the condition is invalid to the extent that it allows unrestricted warrant-less searches by law enforcement officers. However, the authorization of searches by appellant’s probation officer is valid.

Accordingly, we affirm the order appealed from but remand the cause with directions to strike the reference to law enforcement officers in condition (13) of appellant’s order of probation.

HOBSON, Acting C. J., and OTT, J., concur.

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RYDER, Judge.

Appellant seeks review of an order denying his motion to suppress. Our review of the record convinces us that the evidence fully supports the trial judge’s decision.

Appellant also contends that condition (13) of the order placing him on probation, which requires him “to permit, during the period of probation, without a warrant, the search of his person, premises or vehicle by any law officer or probation officer at any time” is invalid in light of the holding in Grubbs v. State, 373 So.2d 905 (Fla. 1979). We agree that the condition is invalid to the extent that it allows unrestricted warrant-less searches by law enforcement officers. However, the authorization of searches by appellant’s probation officer is valid.

Accordingly, we affirm the order appealed from but remand the cause with directions to strike the reference to law enforcement officers in condition (13) of appellant’s order of probation.

HOBSON, Acting C. J., and OTT, J., concur.

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375 So. 2d 881, 1979 Fla. App. LEXIS 15600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jessee-v-state-fladistctapp-1979.

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