Legal Opinion

In the Interest of G. J. S. v. State

District Court of Appeal of Florida

Decided December 3, 1980No. 80-200PublishedCited by 3 opinions

1Opinion of the Court

COWART, Judge.

The inherent nature of a mobile automobile constitutes an exigent circumstance making its search upon probable cause but without a warrant constitutionally reasonable. Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970); Carroll v. U. S., 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925); State v. Francoeur, 387 So.2d 1063 (Fla. 5th DCA 1980); State v. Rapp, 389 So.2d 1100 (Fla. 1st DCA 1980) [1980 F.L.W. 2075], The trial court’s denial of a motion to suppress based on its finding of probable cause comes to this court with a presumption of correctness. McNamara…

2Cases cited5 opinions

  1. Carroll v. United StatesSupreme Court of the United States · 1925
  2. Chambers v. MaroneySupreme Court of the United States · 1970
  3. McNamara v. StateSupreme Court of Florida · 1978
  4. State v. FrancoeurDistrict Court of Appeal of Florida · 1980
  5. State v. RappDistrict Court of Appeal of Florida · 1980

3Cited by3 opinions

  1. State v. HaugeeDistrict Court of Appeal of Florida · 1981
  2. Dukes v. StateDistrict Court of Appeal of Florida · 1987
  3. State v. AdamoskyDistrict Court of Appeal of Florida · 1981

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