Florida District Courts of Appeal, 1973

Sears v. State

Sears v. State
Florida District Courts of Appeal · Decided October 9, 1973 · Cross, Mager, Walden
283 So. 2d 399; 1973 Fla. App. LEXIS 6649 (Southern Reporter, Second Series)

Sears v. State

Dissenting Opinion

WALDEN, Judge

(dissenting) :

I dissent.

Appellant’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.

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

Opinion of the Court

PER CURIAM.

Affirmed.

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

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