Opinion
No. 79-1475.
December 17, 1980.
Appeal from the Circuit Court, Palm Beach County, Marvin U. Mounts, Jr., J.
Richard L. Jorandby, Public Defender, and Cathleen Brady, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Mark Horn, Asst. Atty. Gen., West Palm Beach, for appellee.
This is an appeal by defendant from a judgment after a jury trial. Defendant was found guilty of resisting arrest with violence and placed on three years' probation. We affirm in all respects except conclude that the condition of probation whereby defendant was required to submit to searches by any authorized police officer is violative of the principles stated in Dearth v. State, 390 So.2d 108 (Fla. 4th DCA 1980). We, therefore, strike the words, "and authorized police officers," from the order and affirm the order as modified.
AFFIRMED AS MODIFIED.
ANSTEAD and HURLEY, JJ., concur.
BERANEK, J., dissents with opinion.
I respectfully dissent. I recognize that the Dearth case is controlling here but do not agree with the principles stated therein.