Legal Opinion · Dissent

West v. State

District Court of Appeal of Florida

Decided September 21, 1983No. 82-1276Published

1DissentScheb, Judge

I disagree with the majority’s conclusion that the warrant, which authorized a search for “any and all controlled substances found therein,” was overbroad and amounted to a general warrant proscribed by Article I, section 12, of the Florida Constitution and the fourth amendment of the United States Constitution. At the outset I acknowledge the historical importance of guarding against issuance of general warrants. However, I do not believe the warrant before us offends that principle.

The language of the warrant must inform the officers of the limits of the search. Here, the words “any and all…

2Cases cited8 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Hogge v. JohnsonSupreme Court of the United States · 1976
  3. Alford v. StateSupreme Court of Florida · 1975
  4. State v. HamiltonSupreme Court of Iowa · 1975
  5. North v. StateSupreme Court of Florida · 1947

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