JUDSON WAYNE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JUDSON WAYNE SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
228 So. 2d 613
Florida District Court of Appeal, Second District (1969)
Positive Treatment
Cited by 1 case
Opinion of the Court
While Smith was held in the Leesburg jail on a traffic charge, officers searched the trunk of his car without a warrant. Evidence found there was used in this prosecution for breaking and entering. A timely motion to suppress was filed, and it should have been granted. In fairness to the able trial judge it must be said that Smith’s trial counsel, not named either here or in our former opinion at 222 So.2d 45, did not bring to the attention of the court Courington v. State, Fla. 1954, 74 So. 2d 652, which compels reversal for a new trial. See also Chimel v. California (1969), 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685.
Reversed and remanded.
LILES, Acting C. J., and PIERCE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Holmes, 256 So. 2d 32 (Fla. 2d DCA 1971)…States, 1925, 207 U.S. 132, 45 S.Ct. 2S0, 69 L.Ed. 543. See also Dyke v. Taylor Implement Mfg. Co., 1968, 391 U.S. 216, 88 S.Ct. 1472, 20 L.Ed.2d 538. . E. g., Courington v. State, Fla.1954, 74 So. 2d 652. . E. g., Smith v. State, Fla.App.2d 1909, 228 So. 2d 613; Miller v. State, Fla.App. 2d 1962, 137 So. 2d 21 (car impounded, driver in hospital). . E. g., Godbee v. State, Fla.App.2d 1969, 224 So. 2d 441. See also Cooper v. California, 1967, 386 U.S. 58, 87 S.Ct. 788, 17 L.Ed.2d 730. Cf. Preston v. United…1 / 2
Authorities Cited
- Chimel v. California, 395 U.S. 752 (U.S. 1969)
- Hunter v. Solomon, 74 So. 2d 652 (Fla. 1954)
- Judson Wayne Smith v. State, 222 So. 2d 45 (Fla. 2d DCA 1969)