Kinker v. State

Full title: CHARLES E. KINKER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 1, 1984

458 So. 2d 392 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1851.

November 1, 1984.

Appeal from the Circuit Court, Brevard County, Tom Waddell, Jr., J.

Sam Baxter Bardwell of Studstill Vance, Titusville, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Reading the search warrant in this case is a whole, see Joiner v. City of Lakeland, 90 So.2d 118 (Fla. 1956), the word "contraband" in the command clause of the warrant clearly refers to the controlled substances (cannabis and lysergic acid diethylamide) mentioned earlier in the warrant and specifies, with sufficient particularity, the things authorized to be searched for, and seized from, the defendant's home. See Carlton v. State, 449 So.2d 250 (Fla. 1984). Also see United States v. Leon, ___ U.S. ___, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984).

AFFIRMED.

FRANK D. UPCHURCH, Jr., SHARP and COWART, JJ., concur.