Wheeler v. State

I agree that the search of Appellant’s vehicle was not authorized by the warrant because it was not located within the “cur-tilage.” See Hartpenee v. State, 509 So.2d 975 (Fla. 5th DCA 1987). Had the warrant authorized searches of vehicles anywhere on the “premises,” the result might have been different-at least as to the issue raised by Appellant. The more interesting question to me is the one that was not raised or argued: whether the police have the authority to search a vehicle, even if located within the curtilage, when there is no reason to suspect a connection to the illegal activity.…