State v. Perez

District Court of Appeal of Florida

Decided July 22, 1986

District Court of Appeal of Florida · decided 1986-07-22

Cited by 3 later decisions — most recently May 2016

3 state decisions

Relies on Schneckloth v. Bustamonte · 487 So. 2d 1056 - State v. Cross · 465 So. 2d 1337 - Burke v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-07-22

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PER CURIAM.

¶1The state appeals from an order suppressing evidence in a probation violation proceeding. We reject the state’s contention that the exclusionary rule does not apply to probation violation hearings. State v. Cross, 487 So.2d 1056 (Fla.1986). We reverse the order suppressing the evidence, however, because the unrebutted evidence before the trial court established that the search of the bag was accomplished with defendant Perez’s consent. Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); Burke v. State, 465 So.2d 1337 (Fla. 5th DCA 1985).

¶2Reversed and remanded.