Reno v. State

District Court of Appeal of Florida

Reno v. State

899 So. 2d 1244, 2005 Fla. App. LEXIS 5453, 2005 WL 906164

CourtDistrict Court of Appeal of Florida

DecidedApril 20, 2005

DocketNo. 4D03-4867

StatusPublished

This text of 899 So. 2d 1244 (Reno 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

Reno v. State, 899 So. 2d 1244, 2005 Fla. App. LEXIS 5453, 2005 WL 906164 (Fla. Ct. App. 2005).

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Opinion

STEVENSON, J.

In this case, John Reno appeals an order revoking his probation, challenging the denial of his motion to suppress contraband found during a search by his probation officer. The search of Reno’s home was conducted by his probation officer when she received information from the police that Reno may have been involved in a burglary of a home in the neighborhood. Although the information implicating Reno in the burglary amounted to little more than a mere suspicion, we agree with the trial court that the search passed constitutional muster since it was conducted in good faith within the scope of the probation officer’s supervisory duties authorized by state law. See Grubbs v. State, 373 So.2d 905 (Fla.1979) (holding that a war-rantless search of a probationer’s person or residence by a probation supervisor is valid to the extent that the evidence discovered in the search may be used only in probation revocation proceedings); see also Soca v. State, 673 So.2d 24 (Fla.1996) (noting that Florida’s probation statutes, unlike Wisconsin’s, contain no requirement that a probation officer’s search of a probationer be supported by “reasonable grounds” and, thus, distinguishing the holding in Griffin v. Wisconsin, 483 U.S. 868, 107 S.Ct. 3164, 97 L.Ed.2d 709 (1987)).

We have considered the other arguments raised, but find no error. Accordingly, we affirm the revocation of probation which was based on contraband found during the search of Reno’s bedroom.

AFFIRMED.

GUNTHER and STONE, JJ„ concur.

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STEVENSON, J.

In this case, John Reno appeals an order revoking his probation, challenging the denial of his motion to suppress contraband found during a search by his probation officer. The search of Reno’s home was conducted by his probation officer when she received information from the police that Reno may have been involved in a burglary of a home in the neighborhood. Although the information implicating Reno in the burglary amounted to little more than a mere suspicion, we agree with the trial court that the search passed constitutional muster since it was conducted in good faith within the scope of the probation officer’s supervisory duties authorized by state law. See Grubbs v. State, 373 So.2d 905 (Fla.1979) (holding that a war-rantless search of a probationer’s person or residence by a probation supervisor is valid to the extent that the evidence discovered in the search may be used only in probation revocation proceedings); see also Soca v. State, 673 So.2d 24 (Fla.1996) (noting that Florida’s probation statutes, unlike Wisconsin’s, contain no requirement that a probation officer’s search of a probationer be supported by “reasonable grounds” and, thus, distinguishing the holding in Griffin v. Wisconsin, 483 U.S. 868, 107 S.Ct. 3164, 97 L.Ed.2d 709 (1987)).

We have considered the other arguments raised, but find no error. Accordingly, we affirm the revocation of probation which was based on contraband found during the search of Reno’s bedroom.

AFFIRMED.

GUNTHER and STONE, JJ„ concur.

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Bluebook (online)

899 So. 2d 1244, 2005 Fla. App. LEXIS 5453, 2005 WL 906164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reno-v-state-fladistctapp-2005.

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