IN THE INTEREST OF G. J. S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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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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Citator
Cited By
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State v. Haugee, 402 So. 2d 1216 (Fla. 5th DCA 1981)…ehicle parked even within “the curtilage”. Id. at 436. The same significant difference exists here. On a motion to suppress, the judg [*1220] ment of the trial court on probable cause comes to us with a presumption of correctness, G.J.S. v. State, 393 So. 2d 14 (Fla. 5th DCA 1980), and in my opinion, the trial court was correct in granting the motion. The majority opinion is in apparent conflict with Alexander, Joyner and Stipp, and is in specific conflict with Dunn, and it should be so certified to the Su…
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Dukes v. State, 503 So. 2d 455 (Fla. 2d DCA 1987)…nd. See Barnes v. State, 406 So. 2d 84 (Fla. 1st DCA 1981); Beck v. State, 181 So. 2d 659 (Fla. 2d DCA 1966). The attempt to move the van out of the area, which could have happened at any time, created the exigent circumstances. See G.J.S. v. State, 393 So. 2d 14 (Fla. 5th DCA 1980). See also Coolidge, supra. We therefore need not address the lack of consent contention. Defendant also contends the trial judge erred in denying defendant’s motion to discharge defendant’s counsel and to grant a continuance. Th…
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State v. Adamosky, 407 So. 2d 983 (Fla. 4th DCA 1981)…ture of a moving automobile constitutes an exigent circumstance making its search upon probable cause but without a warrant constitu [*985] tionally reasonable. Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970); G.J.S. v. State, 393 So. 2d 14 (Fla. 5th DCA 1980). Here, not only was a moving and moveable vehicle involved, butf one of the participants to the transaction had fled, thereby posing a threat to preservation of the contraband. The facts supporting probable cause to search also…
Authorities Cited
- Carroll v. United States, 267 U.S. 132 (U.S. 1925)
- Chambers v. Maroney, 399 U.S. 42 (U.S. 1970)
- McNAMARA v. State, 357 So. 2d 410 (Fla. 1978)
- State v. Francoeur, 387 So. 2d 1063 (Fla. 5th DCA 1980)
- State v. Rapp, 389 So. 2d 1100 (Fla. 1st DCA 1980)