Supreme Court of Florida, 1946

Joyner v. State

Supreme Court of Florida · Decided September 20, 1946 · Adams, Chapman, Terrell, Buford

27 So. 2d 349; 157 Fla. 874; 1946 Fla. LEXIS 868 (Southern Reporter, Second Series)

Cases that cite this one

8 later published cases cite this decision.

Gaskins v. State (Fla. 1956)
Tuma v. State (Fla. Dist. Ct. App. 1974)
Garcia v. State (Fla. Dist. Ct. App. 1967)
McCain v. State (Fla. Dist. Ct. App. 1963)
State v. Harris (Minn. 1963)
Gispert v. State (Fla. Dist. Ct. App. 1960)
Herring v. State (Fla. Dist. Ct. App. 1960)
State v. Crews (Duval County Circuit Court 1959)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*875 ADAMS, J.:

The record discloses that at an early hour of the morning two policemen of the City of Jacksonville observed a car parked, and apparently without an occupant. Shortly thereafter they noticed someone in the car attempting to start it. It had been raining and evidently the motor had drowned out. One of the policemen threw his flashlight on the car and when he did so a man ran from it. He chased the man but did not catch him, whereupon he returned to the car and the other policemen. In the meantime the other police approached the car, flashed his light on it and observed a quantity of loose coins, sacks, etc. Thereupon the two remaining occupants were arrested and the car was searched which revealed a pistol, ammunition, a safe tumbler, a large quantity of currency consisting of rolled change, silver, bills and checks. This caused the officers to think a robbery had been committed and that assumption soon proved to be correct. There can be no question of appellant’s guilt. The law does not prohibit all searches without a warrant. The constitutional prohibition is only against unreasonable searches. No other reversible error appearing, the judgment is affirmed upon authority of State ex rel. Stillman v. Merritt, 86 Fla. 164, 99 So. 230, and Carroll v. United States, 267 P. S. 132, 45 Sup. Ct. 280, 69 L. Ed. 543.

Affirmed.

CHAPMAN, C. J., TERRELL AND BUFORD, JJ., concur.

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