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447 So. 2d 890

Roche v. State

District Court of Appeal of Florida

Decided September 8, 1982

District Court of Appeal of Florida · decided 1982-09-08

Cited by 1 later decisions — most recently January 1985

1 state decisions

Key passage — most relied on by later courts

“DOES SECTION 570.15, FLORIDA STATUTES, VIOLATE THE FOURTH AMENDMENT OF THE UNITED STATES CONSTITUTION IN THAT IT ALLOWS ADMINISTRATIVE SEARCHES WITHOUT A SHOWING OF `PROBABLE CAUSE' AND WITHOUT AN `ADMINISTRATIVE PLAN CONTAINING SPECIFIC NEUTRAL CRITERIA?'”

quoted by 1 later decision, including 462 So. 2d 1096 - Roche v. State

Relies on Marshall v. Barlow's, Inc. · United States v. Mississippi Power & Light Co. · 551 F. Supp. 901 - Lake Butler Apparel Co. v. Department of Agriculture & Consumer Services

Good law ✅— No negative treatment on recordhow we know

Decided 1982-09-08

View the full empirical analysis of this case →

¶1ON MOTION FOR REHEARING

PER CURIAM.

¶2On rehearing, appellant directs this court’s attention to Lake Butler Apparel Company v. Department of Agriculture and Consumer Services, 551 F.Supp. 901 (M.D.Fla.1982), wherein the United States District Court held Section 570.15, Florida Statutes, unconstitutional and enjoined random vehicle searches conducted pursuant to that statute. The facts in the instant case go beyond those in the Lake Butler decision in establishing probable cause; so, having given due consideration to the federal decision, we nonetheless adhere to our prior judgment of affirmance, but certify to the Supreme Court of Florida the following issue:

DOES SECTION 570.15, FLORIDA STATUTES, VIOLATE THE FOURTH AMENDMENT OF THE UNITED STATES CONSTITUTION IN THAT IT ALLOWS ADMINISTRATIVE SEARCHES WITHOUT A SHOWING *892OF “PROBABLE CAUSE” AND WITHOUT AN “ADMINISTRATIVE PLAN CONTAINING SPECIFIC NEUTRAL CRITERIA?”

¶3Marshall v. Barlow’s, Inc., 436 U.S. 307, 320, 98 S.Ct. 1816, 1824, 56 L.Ed.2d 305 (1978); United States v. Mississippi Power and Light Company, 638 F.2d 899, 907 (5th Cir.1981).

BOOTH, SMITH and SHIVERS, JJ., concur.
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