Legal Opinion

Powell v. State

District Court of Appeal of Florida

Decided May 22, 2013No. Nos. 1D12-244, 1D12-1036PublishedCited by 42 opinions

1Opinion of the CourtMakar, J.

Our state and federal constitutions declare that homes — whether castles or cabins, mansions or mobile homes — are protected spaces that require a warrant or other lawful basis to justify a governmental intrusion. At issue in this case is whether police officers entering the property of Russell Powell and Benjamin Wilb-ourn and peering into a window of their mobile home late at night after receiving an anonymous tip an hour earlier that marijuana plants were inside was a search that violated the Fourth Amendment. Because the officers intruded into a constitutionally protected area without a…

Also in this document: Concurrence.

2Cases cited30 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Florida v. RoyerSupreme Court of the United States · 1983
  4. Olmstead v. United StatesSupreme Court of the United States · 1928
  5. Florida v. J. L.Supreme Court of the United States · 2000

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3Cited by42 opinions

  1. Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
  2. Pat Bainter, as Non-Parties v. League of Women Voters of FloridaSupreme Court of Florida · 2014
  3. Harris v. StateDistrict Court of Appeal of Florida · 2018
  4. Bainter v. StateDistrict Court of Appeal of Florida · 2014
  5. GEORGE GOMILLION v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019

37 more not listed; retrieve them via the Exa API.

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