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Warwick v. State

Supreme Court of Florida, En Banc
Mar 3, 1932
104 Fla. 393 (Fla. 1932)

Opinion

Opinion filed March 3, 1932.

A writ of error to the Criminal Court of Record for Dade County; E. C. Collins, Judge.

Vincent C. Giblin and J. F. Gordon, for Plaintiff in Error;

Cary D. Landis, Attorney General, and Roy Campbell, Assistant, for the State.


In this case the defendant was tried and convicted upon an Information charging robbery while being armed with a deadly weapon. The evidence, such as it was in the case, is far from conclusive of the defendant's guilt. It appears to be stated by plaintiff in error and conceded by the State that the question necessary for us to determine in this case is as follows:

"Where a person who is suspected of having committed a crime, is arrested by police officers several blocks from his residence and confined in jail, may evidence obtained by a search of the prisoner's private dwelling by police officers, without a search warrant and in the absence of a waiver by the prisoner of his constitutional rights, be used to convict him where timely and proper objection is made by him to the use of such evidence?"

Under authority of the opinion and judgment in the case of Gildrie et al. vs. State, and authorities there cited, 94 Fla. 134, 113 So. 704, this question must be answered in the negative and the judgment reversed. It is so ordered.

Reversed.

BUFORD, C.J., AND WHITFIELD, ELLIS, TERRELL AND BROWN, J.J., concur.


Summaries of

Warwick v. State

Supreme Court of Florida, En Banc
Mar 3, 1932
104 Fla. 393 (Fla. 1932)
Case details for

Warwick v. State

Case Details

Full title:FLOYD B. WARWICK, Plaintiff in Error, v. THE STATE OF FLORIDA, Defendant…

Court:Supreme Court of Florida, En Banc

Date published: Mar 3, 1932

Citations

104 Fla. 393 (Fla. 1932)
140 So. 219

Citing Cases

Thurman v. State

" See also Warwick v. State, 104 Fla. 393, 140 So.2d 219, which involved the search of a prisoner's private…

State v. James

When the arrest is made elsewhere, a search of a private residence without a warrant violates constitutional…