CopyCited 5 times | Published | Supreme Court of Florida | 1978 Fla. LEXIS 4949
...impermissibly vague, giving insufficient definition of what is proscribed thereby denying appellant due process of law. In connection with each count of each information the state filed a motion for an order to produce the subject film, pursuant to Section 847.08, Florida Statutes (1975)....
...red. There is no indication that appellant was prevented from retaining copies, of the films ordered produced, for continued exhibition. Appellant objected to the motions for production orders, and moved to quash them once issued, on the ground that Section 847.08 is unconstitutional in that it *452 authorizes an unreasonable seizure without a prior probable cause determination by a neutral magistrate....
...s written or authoritatively construed," Miller, above, include precisely those alleged in the informations to have been depicted in these films. The trial court judge was correct in upholding the statute against appellant's vagueness challenge. II. Section
847.08, Florida Statutes (1975), provides that after the filing of an indictment, information or "trial affidavit" charging a violation of Section
847.07, the state may apply to the court for an order directing the defendant or his principal...
...gent or bailee or other like person to produce the allegedly obscene materials at a time and place so designated by the court for the purpose of determining whether there is probable cause to believe said material is obscene. Appellant contends that Section 847.08 is unconstitutional in that it authorizes the seizure of property without a warrant based on probable cause....
...neutral magistrate provided that afterwards a prompt judicial determination of obscenity was available and provided that copying was permitted if necessary to allow continued exhibition pending the judicial determination. Appellant argues that since Section 847.08 states that the production order that is authorized is for the purpose of determining probable cause, it is therefore by definition not based upon probable cause....
CopyCited 2 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 13794, 2002 WL 509261
...the female breast below the top of the areola."); see also Stall v. State,
570 So.2d 257 (Fla.1990). Accordingly, Plaintiff's claim of ordinance invalidation by preemption or illegality of arrests for failure to follow the procedural requirements of section
847.08 is without merit....
