Florida District Courts of Appeal, 1981

Balser v. State

Balser v. State
Florida District Courts of Appeal · Decided May 27, 1981 · Cobb, Cowart, Upchurch
399 So. 2d 67; 1981 Fla. App. LEXIS 19947 (Southern Reporter, Second Series)

Balser v. State

Opinion of the Court

FRANK D. UPCHURCH, Jr., Judge.

Balser appeals conditions ten and sixteen of his probation. Condition ten prohibits Balser from consuming alcoholic beverages or frequenting establishments serving alcoholic beverages. Under the facts presented, we find no error in imposition of this condition and AFFIRM.

Condition sixteen provides:

You will submit to search of your person, residence or automobile, by any law enforcement officer, or your Probation Officer, without a search warrant.

A condition of probation authorizing warrantless searches by any law enforcement officer violates the search and seizure provisions of the Federal and Florida Constitutions. Grubbs v. State, 373 So.2d 905 (Fla. 1979); Johnson v. State, 386 So.2d 291 (Fla. 5th DCA 1980). Therefore, the portion of condition sixteen requiring appellant to submit to a search by “any law enforcement officer” is hereby ordered stricken. Johnson v. State.

AFFIRMED as modified.

COBB and COWART, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.