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Barber v. State

District Court of Appeal of Florida, Fifth District
Sep 10, 1980
387 So. 2d 540 (Fla. Dist. Ct. App. 1980)

Opinion

No. 78-2665/T4-330.

September 10, 1980.

Appeal from the Circuit Court, Orange County, Cecil H. Brown, J.

Richard L. Jorandby, Public Defender, and Gary S. Israel, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Benedict P. Kuehne, Asst. Atty. Gen., West Palm Beach, for appellee.


This is an appeal from an order withholding an adjudication of guilt and placing appellant on probation for five years.

Appellant questions the court's imposition of condition 12 of the probation order which provided:

You will consent to search, without a warrant of your person, automobile, or premises upon request of any law enforcement officer or probation officer and/or submit to chemical or specimen analysis for evidence of drugs.

The provision is valid insofar as it permits appellant's probation supervisors to make these searches, but is not valid insofar as it grants blanket permission for warrantless searches to any law enforcement officer. Grubbs v. State, 373 So.2d 905 (Fla. 1979); Smith v. State, 383 So.2d 991 (Fla. 5th DCA 1980); Wood v. State, 378 So.2d 110 (Fla. 5th DCA 1980).

Condition 12 of the probation order is modified to apply only to probation supervisors and as modified, the order is AFFIRMED.

ORFINGER and COBB, JJ., concur.


Summaries of

Barber v. State

District Court of Appeal of Florida, Fifth District
Sep 10, 1980
387 So. 2d 540 (Fla. Dist. Ct. App. 1980)
Case details for

Barber v. State

Case Details

Full title:LUCINDA BARBER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 10, 1980

Citations

387 So. 2d 540 (Fla. Dist. Ct. App. 1980)