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375 So. 2d 881

Jessee v. State

District Court of Appeal of Florida

Decided October 12, 1979

District Court of Appeal of Florida · decided 1979-10-12

Cited by 18 later decisions — most recently December 1999

18 state decisions

Relies on Grubbs v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1979-10-12

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RYDER, Judge.

¶1Appellant seeks review of an order denying his motion to suppress. Our review of the record convinces us that the evidence fully supports the trial judge’s decision.

¶2Appellant also contends that condition (13) of the order placing him on probation, which requires him “to permit, during the period of probation, without a warrant, the search of his person, premises or vehicle by any law officer or probation officer at any time” is invalid in light of the holding in Grubbs v. State, 373 So.2d 905 (Fla. 1979). We agree that the condition is invalid to the extent that it allows unrestricted warrant-less searches by law enforcement officers. However, the authorization of searches by appellant’s probation officer is valid.

¶3Accordingly, we affirm the order appealed from but remand the cause with directions to strike the reference to law enforcement officers in condition (13) of appellant’s order of probation.

HOBSON, Acting C. J., and OTT, J., concur.
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