Florida District Courts of Appeal, 1970

State v. Cundiff

State v. Cundiff
Florida District Courts of Appeal · Decided January 30, 1970 · Cross, Owen, Walden
230 So. 2d 691; 1970 Fla. App. LEXIS 7033 (Southern Reporter, Second Series)

State v. Cundiff

Opinion of the Court

PER CURIAM.

Affirmed. Brinegar v. United States, 1949, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879; Carroll v. United States, 1925, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543; Carter v. State, Fla.App.1967, 199 So.2d 324; Miller v. State, Fla.App.1962, 137 So.2d 21; F.S.1967, Section 933.19, F.S.A.

*692WALDEN and OWEN, JJ., concur. CROSS, C. J., dissents, with opinion.

Dissenting Opinion

CROSS, Chief Judge

(dissenting).

I must respectfully dissent.

The State of Florida appeals from an order granting the motion of defendant, Frederick Cundiff, to suppress evidence seized as the result of a warrantless search of an automobile.

I am convinced the search by the officers was made upon probable cause and in the belief that because of the possible mobility of the automobile at the time of the search it would have been impracticable to obtain a search warrant. The record reflects that the search was reasonable and the fruits thereof were legally seized. Harris v. United States, 1947, 331 U.S. 145, 67 S.Ct. 1098, 91 L.Ed. 1399; Zap v. United States, 1946, 328 U.S. 624, 66 S.Ct. 1277, 90 L.Ed. 1477; Steele v. United States, 1925, 267 U.S. 498, 45 S.Ct. 414, 69 L.Ed. 757.

I would reverse, vacate and set aside the order suppressing the evidence.

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