Legal Opinion · Concurrence

Riley v. State

District Court of Appeal of Florida

Decided March 29, 1983No. 81-396Published

1ConcurrenceFerguson, Judge

Though I share Judge Hendry’s concerns that inherent in this decision is a potential for violent confrontation between homeowners and law enforcement officers — especially so when the officers are not in uniform — I am reluctantly convinced that the weight of authority compels the result. I understand that what we sanction today is a “securing of the premises” after a warrant has been signed by a magistrate, with no actual search to be conducted until receipt of the warrant describing the items to be seized. Suarez v. State, 400 So.2d 1048 (Fla. 3d DCA 1981). I further understand the police…

2Cases cited1 opinion

  1. Suarez v. StateDistrict Court of Appeal of Florida · 1981

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