Legal Opinion · Dissent

Jenkins v. State

District Court of Appeal of Florida

Decided March 12, 1980No. 79-157Published

1DissentHurley, Judge

Today the majority upholds a warrantless vehicle search based upon hearsay information from a confidential informant who failed to divulge the source of his information. In my view the tip lacked substantial independent indicia of reliability and therefore I conclude the search of the vehicle fell below constitutionally mandated norms. I would reverse.

On December 20, 1977, at approximately 5:00 P. M., a confidential informant walked into the ■ Jupiter police station. He told Officer Woodard that the defendant, Jenkins, was driving a brown Oldsmobile and would be leaving town with some drugs…

2Cases cited20 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Carroll v. United StatesSupreme Court of the United States · 1925
  3. Aguilar v. TexasSupreme Court of the United States · 1964
  4. Spinelli v. United StatesSupreme Court of the United States · 1969
  5. Jones v. United StatesSupreme Court of the United States · 1960

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