State v. Schihl

447 So. 2d 227, 1983 Fla. App. LEXIS 26406
CourtDistrict Court of Appeal of Florida
DecidedJune 29, 1983
DocketNo. 83-220
StatusPublished
Cited by1 cases

This text of 447 So. 2d 227 (State v. Schihl) 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
State v. Schihl, 447 So. 2d 227, 1983 Fla. App. LEXIS 26406 (Fla. Ct. App. 1983).

Opinion

PER CURIAM.

Affirmed. See Riley v. State, 448 So.2d 1029 (Fla. 3d DCA 1983). In response to appellant’s request, we join with the Third District Court of Appeal and certify to the Supreme Court of Florida, as provided for in Article V, Section 3(b)(4) of the Constitution of Florida, the following question of great public importance:

WHETHER IT IS UNLAWFUL [UNDER THE FEDERAL OR FLORIDA CONSTITUTION OR FLORIDA STATUTORY LAW] FOR THE POLICE, IN AN OTHERWISE LAWFUL MANNER, TO ENTER PRIVATE PREMISES WHICH THEY ARE AUTHORIZED TO SEARCH PURSUANT TO A VALID AND PREVIOUSLY ISSUED SEARCH WARRANT, WHEN THE ENTERING OFFICERS DO NOT PHYSICALLY HAVE THE SEARCH WARRANT IN HAND UPON ENTRY, BUT DO RECEIVE THE WARRANT SHORTLY THEREAFTER AND DULY EXECUTE IT.
HERSEY, GLICKSTEIN and DELL, JJ., concur.

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Related

State v. Riley
462 So. 2d 800 (Supreme Court of Florida, 1984)

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Bluebook (online)
447 So. 2d 227, 1983 Fla. App. LEXIS 26406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-schihl-fladistctapp-1983.