Public-domain · open source
OpenJurist

283 So. 2d 399

Sears v. State

District Court of Appeal of Florida

Decided October 9, 1973

District Court of Appeal of Florida · decided 1973-10-09

Cited by 1 later decisions — most recently November 2000

1 state decisions

Relies on 60 So. 2d 615 - Kraemer v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1973-10-09

View the full empirical analysis of this case →

PER CURIAM.

¶1Affirmed.

CROSS and MAGER, JJ., concur. WALDEN, J., dissents.
WALDEN, Judge

¶2(dissenting) :

¶3I dissent.

¶4Appellant’s Fourth Amendment rights were trampled by the police officers when they made their search prior to arrest, without warrant, without probable cause, without plain view, and without any legal justification or right. The very most that can be gleaned as the reason for the police conduct is their naked and altogether in-sufficent subjective reaction of suspicion. See Kraemer v. State, Fla.1952, 60 So.2d 615; 29 Fla.Jur., Search and Seizure, § 26.

¶5I would reverse and remand because of the erroneous failure to grant the appellant’s motion to suppress.

/283/so2d/399 · .json · Public domain