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G.J.S. v. State

District Court of Appeal of Florida, Fifth District
Feb 2, 1981
393 So. 2d 14 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-200.

December 3, 1980. Rehearing Denied February 2, 1981.

Appeal from the Circuit Court, Orange County, Rom W. Powell, J.

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.


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 v. State, 357 So.2d 410, 412 (Fla. 1978). Appellant has failed to overcome that presumption in this case. The final judgment and sentence is

AFFIRMED.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.


Summaries of

G.J.S. v. State

District Court of Appeal of Florida, Fifth District
Feb 2, 1981
393 So. 2d 14 (Fla. Dist. Ct. App. 1981)
Case details for

G.J.S. v. State

Case Details

Full title:IN THE INTEREST OF G.J.S., A CHILD, APPELLANT, v. STATE OF FLORIDA…

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 2, 1981

Citations

393 So. 2d 14 (Fla. Dist. Ct. App. 1981)