Florida District Courts of Appeal, 1980

Blews v. State

Blews v. State
Florida District Courts of Appeal · Decided January 30, 1980 · Beranek, Glickstein, Hersey
379 So. 2d 677; 1980 Fla. App. LEXIS 15494 (Southern Reporter, Second Series)

Blews v. State

Dissenting Opinion

BERANEK, Judge,

dissenting:

I respectfully dissent. This was a prosecution under Section 847.07(4)(c), Florida Statutes (1975), for the wholesale promotion of obscene materials. Since the materials in question were seized without a warrant, I believe a prompt judicial determination of probable cause should have occurred. I would reverse the conviction.

Opinion of the Court

PER CURIAM.

We have carefully reviewed the record and the numerous points raised by appellant. Finding, as we do, that none of the points have merit, we affirm.

AFFIRMED.

HERSEY and GLICKSTEIN, JJ., concur. BERANEK, J., dissents with opinion.

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