From Casetext: Smarter Legal Research

Addison v. State

District Court of Appeal of Florida, Fourth District
Jan 15, 1971
243 So. 2d 238 (Fla. Dist. Ct. App. 1971)

Opinion

No. 2329.

January 15, 1971.

Appeal from the Circuit Court for Seminole County, Thomas Waddell, Jr., J.

Robert G. Ferrell, III, Public Defender, Cocoa, and Ned N. Julian, Jr., Asst. Public Defender, Sanford, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Charles W. Musgrove, Asst. Atty. Gen., West Palm Beach, for appellee.


Appellant was convicted on two counts of uttering a forgery. The sole question on this appeal is whether the court erred in admitting certain exhibits into evidence over defendant's objection on the grounds that the same were obtained by the state through an illegal search and seizure.

Appellant, 19 years of age, lived with his grandmother in her home. One bedroom was occupied exclusively by appellant, but as a guest rather than as a tenant. Law enforcement officers searched this room without a warrant and without appellant's consent, but with the consent of the owner of the premises, appellant's grandmother. This search produced the exhibits to which objection was made.

The search, having been made with the consent of the owner of the premises, was lawful. Rivers v. State, Fla. 1969, 226 So.2d 337; Tomlinson v. State, 1937, 129 Fla. 658, 176 So. 543; Rhome v. State, Fla.App. 1969, 222 So.2d 431; Myrick v. State, Fla. App. 1965, 177 So.2d 845. The judgment is affirmed.

CROSS, C.J., and WALDEN, J., concur.


Summaries of

Addison v. State

District Court of Appeal of Florida, Fourth District
Jan 15, 1971
243 So. 2d 238 (Fla. Dist. Ct. App. 1971)
Case details for

Addison v. State

Case Details

Full title:ROBERT LEE ADDISON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 15, 1971

Citations

243 So. 2d 238 (Fla. Dist. Ct. App. 1971)

Citing Cases

Trask v. State

PER CURIAM. Affirmed on authority of Gispert v. State, Fla.App. 1960, 118 So.2d 596; Rhome v. State, Fla.App.…

State v. Preston

The state argues that the warrantless search of defendant's room was proper, since the mother could validly…