Legal Opinion

Franklin v. State

District Court of Appeal of Florida

Decided November 9, 1973No. 72-1180PublishedCited by 2 opinions

1Opinion of the Court

WALDEN, Judge.

Defendant was found guilty of a narcotics violation and duly adjudged and sentenced in one of the circuit courts of this state. The contraband upon which the conviction hinged was produced per search warrant of a private dwelling issued by a municipal court.

*33The gravamen of appellant’s suggestion is that the municipality could not issue such warrant for that the charter of the municipality authorizing warrants “to obtain evidence and facts of the violation of any laws or ordinances of the city” was unconstitutional. Without detailing, the municipality had the usual catch-all…

2Cases cited4 opinions

  1. State v. McInnesDistrict Court of Appeal of Florida · 1961
  2. Palm Beach County v. GreenSupreme Court of Florida · 1965
  3. State v. WilliamsDistrict Court of Appeal of Florida · 1969
  4. Radford v. Town of Palm Beach ShoresDistrict Court of Appeal of Florida · 1972

3Cited by2 opinions

  1. Bissonette v. StateDistrict Court of Appeal of Florida · 1975
  2. Lynch v. StateDistrict Court of Appeal of Florida · 1975

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