Florida District Courts of Appeal, 1980

In the Interest of G. J. S. v. State

In the Interest of G. J. S. v. State
Florida District Courts of Appeal · Decided December 3, 1980 · Cobb, Cowart, Upchurch
393 So. 2d 14; 1980 Fla. App. LEXIS 17752 (Southern Reporter, Second Series)

In the Interest of G. J. S. v. State

Opinion of the Court

COWART, Judge.

The inherent nature of a mobile automobile constitutes an exigent circumstance making its search upon probable cause but without a warrant constitutionally reasonable. Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970); Carroll v. U. S., 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925); State v. Francoeur, 387 So.2d 1063 (Fla. 5th DCA 1980); State v. Rapp, 389 So.2d 1100 (Fla. 1st DCA 1980) [1980 F.L.W. 2075], The trial court’s denial of a motion to suppress based on its finding of probable cause comes to this court with a presumption of correctness. McNamara v. State, 357 So.2d 410, 412 (Fla. 1978). Appellant has failed to overcome that presumption in this case. The final judgment and sentence is

AFFIRMED.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

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