Florida/Georgia Personal Injury & Workers Compensation

...We sound this word of caution to avoid any notion that this opinion comes in conflict with Byrd v. State, supra, or cases such as Collins v. State, Fla. 1953, 65 So.2d 61, or Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, which has been given legislative sanction in Florida by Section 933.19, Florida Statutes, F.S.A....

...In the matter of stopping and searching motor vehicles the conduct of the law enforcement officer is governed by the rule of Carroll v. United States, supra. In this connection nothing can be accomplished by laboring the ultimate judgment of that decision. The Florida Legislature has by Section 933.19, supra, incorporated the entire decision into the statute law of this State....

...It must be assumed that the learned trial judge evaluated the testimony in that light when denying the motion to suppress. The following language in the leading case of Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, which case by F.S. Section 933.19, F.S.A....

...NOTES [1] Fla. Stat. § 322.15, F.S.A. [2] Fla. Stat. § 398.01 et seq., F.S.A. [3] Fla. Stat. § 317.201, F.S.A. includes: "... under the influence of alcoholic beverages, narcotic drugs, barbiturates or central nervous system stimulants... ." [4] Fla. Stat. § 933.19, F.S.A....

...an international border of the United States. United States v. Ramsey, 431 U.S. 606, 616-19, 97 S.Ct. 1972, 1978-80, 52 L.Ed.2d 617 (1977); Carroll v. United States, 267 U.S. 132, 153-54, 45 S.Ct. 280, 285-86, 69 L.Ed. 543 (1925), adopted in toto by § 933.19, Fla....

...Chief Justice Taft in Carroll v. United States, 267 U.S. 132, 153-154, 45 S.Ct. 280, 285, 69 L.Ed. 543, and the language of the opinion in that case is just as much the statutory law of Florida as if it had been written by our legislature. See Florida Statutes, § 933.19 F.S.A., and 24 F.S.A....

...v. Van Leeuwen, 397 U.S. 249, 90 S.Ct. 1029, 25 L.Ed.2d 282 (1970), or might more appropriately be analogized to a moving vehicle search. See Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925), adopted as the law of Florida by § 933.19, Fla....

...band in them would be thwarted if no search of such vehicles could be made under any circumstances except by authority of warrants. Carroll v. United States, 1925, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, 39 A.L.R. 790, adopted in Florida Statutes, section 933.19; Collins v....

...in them would be thwarted if no search of such vehicles could be made under any circumstances except by authority of warrants. Carroll v. United States, 1925, 267 U.S. 132, 45 S.Ct. 280, 69 *537 L.Ed. 543, 39 A.L.R. 790, adopted in Florida Statutes, section 933.19; Collins v....

...ad-guard inspection special officer may apply for a search warrant which shall be obtained as provided by law for the obtaining of search warrants in other cases, or may conduct a search of any of the aforesaid vehicles without a warrant pursuant to s. 933.19....

...driver of such aforesaid vehicle, the inspector or road-guard inspection special officer may apply for a search warrant which shall be obtained as provided by law for the obtaining of search warrants in other cases, or may conduct a search of any of the aforesaid vehicles without a warrant pursuant to s. 933.19....

...Since the agricultural inspector and law enforcement officer were refused access to Gluesenkamp's van and a search warrant was not obtained prior to conducting the search, the issue in this case is whether the search was properly conducted without a warrant pursuant to section 933.19, Florida Statutes (1977). § 570.15(1)(b), Florida Statutes (1977). Section 933.19 expressly adopts the holding of Carroll v....

...of the Constitution. State v. Simmons, Fla. 1956, 85 So.2d 879; United States v. Rabinowitz, 339 U.S. 56, 70 S.Ct. 430, 94 L.Ed. 653. The Florida Legislature has implemented our state constitutional provisions in various particulars. For example, by Section 933.19, Florida Statutes, F.S.A., our Legislature has made a part of the statute law of Florida the decision of the Supreme Court of the United States in Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, 39 A.L.R. 790. By Section 933.19, supra, the Florida Legislature has specifically provided that "The same rules as to admissibility of evidence and liability of officers for illegal or unreasonable searches and seizures as were laid down in said case [Carroll v....

...warrant and not as part of a valid arrest is to the effect that such a search will be deemed reasonable if the searching officer, prior to making the search, had probable cause to believe that the contents of the automobile offended against the law. Section 933.19, F.S.A., adopting as the statute law of Florida the decision by the United States Supreme Court in Carroll v....

...able cause. The governing law is embraced in Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, 39 A.L.R. 790, which was adopted as the law of Florida governing the search of automobiles without warrant. Chapter 12257, Acts of 1927, Section 933.19, Florida Statutes 1949, F.S.A....

...ere is probable cause to believe that the vehicle contains contraband or evidence of crime. Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970); Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925), adopted by Section 933.19, Florida Statutes (1975); Collins v....

...I think the warrantless police search of Kuhn's pickup truck was based on probable cause and thus was constitutionally reasonable under the Carroll moving vehicle exception to the search warrant requirement rule. Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925), adopted in toto by § 933.19 Fla....

...tional prohibition is against unreasonable searches and seizures. See generally, Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, 39 A.L.R. 790 (1925), adopted as statute law of the State of Florida and appearing now as Fla. Stat. § 933.19 (1967), F.S.A....

..., it has with equal consistency noted the similarity between the provisions of the Florida Constitution and the provisions of the Fourth Amendment to the Constitution of the United States. Thurman v. State, supra; Jackson v. State, supra; see also F.S. 933.19, F.S.A....

...Under the doctrine announced in the recent case of Byrd v. State, supra, the petitioner was "unlawfully stopped." See also Kersey v. State, Fla., 58 So.2d 155; Collins v. State, Fla., 65 So.2d 61; Carroll v. United States, 267 U.S. 132, 153-154, 45 S.Ct. 280, and Section 933.19, F.S.A....

...At this point, the officers had probable cause for the search. The warrantless seizure of the marijuana in the airplane was entirely proper under the doctrine of Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925), which has been expressly adopted as the law of this state. § 933.19, Fla....

...Hence the roadside search of Jetmore's vehicle without a warrant could be considered *65 to accord with Carroll v. United States, 1925, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543; Chambers v. Maroney, 1970, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed. 419; and Section 933.19, Florida Statutes 1971, F.S.A....

...The state argued in the trial court, however, that the search should be upheld as a valid probable cause search of an automobile thereby qualifying as an exception to the search warrant requirement rule under Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925), adopted by § 933.19, Fla....

...There is a difference between a search of a dwelling and a search of an automobile because the vehicle can be quickly moved out of the locality in which a search warrant must be sought. Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, 39 A.L.R. 790; Fla. Stat., § 933.19, F.S.A....

...In the instant case, the abandonment of the bags of marijuana by appellants constituted sufficient probable cause to justify the subsequent warrantless search of appellants' vehicle. ( Carroll v. U.S., 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925), F.S. 933.19 (1975)....

...Generally, a search is reasonable if made on the authority of a search warrant. Two exceptions to this rule are: (a) where the search is incident to a lawful arrest, (b) where a vehicle is searched on probable cause. Carroll v. United States, 1925, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, as incorporated in Section 933.19, Fla.Stats., F.S.A....

...o a search of a home. In any event, here the warrant authorized the search of an automobile and the search of vehicles for contraband has long been, and still is, a special problem and a special situation with respect to expectations of privacy. See § 933.19, Fla....

...refuse the officer the right to inspect, then the officer may apply for a search warrant as is provided by law relating to the obtaining of search warrants in other cases or that he may conduct a search of such vehicle without a warrant pursuant to Section 933.19, Florida Statutes. The provisions of Section 933.19 are not applicable as there was a complete absence of any probable cause to suspect that the motor vehicle apprehended was carrying any contraband....

...iver on a routine license check. See and compare Cameron v. State, Fla.App. 1959, 112 So.2d 864, 870; Slater v. State, Fla. 1956, 90 So.2d 453; Sagonias v. State, Fla. 1956, 89 So.2d 252; Courington v. State, Fla. 1954, 74 So.2d 652; Florida Statute § 933.19, F.S.A....

...United States, 338 U.S. 160, 176, 69 S.Ct. 1302, 1311, 93 L.Ed. 1879 [1890]." See also City of Miami v. Aronovitz, Fla. 1959, 114 So.2d 784, 788-789 in which Justice Thornal without passing on the point stated: "* * * We must warn that because of this statute [§ 933.19 F.S.A.] the power to intercept an automobile and check a driver's license does not a priori convey the power to search the vehicle....

...warrant and not as part of a valid arrest is to the effect that such a search will be deemed reasonable if the searching officer, prior to making the search, had probable cause to believe that the contents of the automobile offended against the law. Section 933.19, F.S.A., adopting as the statute law of Florida the decision by the United States Supreme Court in Carroll v....

...The search of a motor vehicle on the open highway may be made without a warrant if there is probable cause to believe that the vehicle presently contains contraband. Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1962); Fla. Stat. § 933.19 (1973); Jetmore v....

...y of its duly constituted agents to search Pederson's vehicle for agricultural products kept in violation of Chapter 570 and the laws pertaining to the transportation of agricultural products. Appellant argues that Section 570.15(1)(b), referring to Section 933.19, incorporates the criminal probable cause test as stated in Carroll v....

...r road-guard inspection special officer may apply for a search warrant which shall be obtained as provided by law for the obtaining of search warrants in other cases, or may conduct a search of any of aforesaid vehicles without a warrant pursuant to s. 933.19. Section 933.19, Florida Statutes (1977), states that the provisions of Carroll are adopted as the statute law of the state and are applicable to searches and seizures under Section 12, Article I of the State Constitution, when searches and seizures a...

...lief reasonably arising out of circumstances known to them that such vehicle contained contraband. Although there is evidence to the effect that this was the case, "probable cause" is a matter for initial determination by the trial court. Fla. Stat. § 933.19 adopts the rule formulated in Carroll v....

...We note that, with regard to the facts and circumstances sufficient to support probable cause, no distinction is made between search of a vehicle or a structure. *268 The special authority to search a vehicle recognized in Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925), and section 933.19, Florida Statutes, excuses only the warrant requirement; it does not reduce the degree of proof necessary to support probable cause to search....

...The state urges that the search was proper under the exception which permits an officer to stop a vehicle and search it without a warrant if the officer has probable cause to believe the vehicle is carrying contraband. Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925); § 933.19, Fla....

...The trial judge was of the same opinion. The difficulty here is whether wildlife officers are duly authorized to undertake a warrantless search under the dictates of Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925) as codified in Section 933.19(1), Florida Statutes (1981)....

...Under certain circumstances a warrantless search may be conducted even though it is not incident to a lawful arrest if the arresting officer had probable cause to believe that the vehicle contained contraband. Carroll v. United States, 1925, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 . Florida Statutes § 933.19, F.S.A....

...State, Fla.App.1960, 118 So.2d 596 ; Rhome v. State, Fla.App.1969, 222 So.2d 431 ; Rivers v. State, Fla.1969, 226 So.2d 337 ; Addison v. State, Fla.App.1971, 243 So.2d 238 ; Baugus v. State, Fla.1962, 141 So.2d 264 ; and Bowman v. State, 1934, 114 Fla. 29 , 152 So. 739 . See also F.S. § 933.19, F.S.A....

State, Fla.App.1968, 213 So.2d 614; and F.S. § 933.19, F.S.A. LILES, Acting C. J., and PIERCE and MANN

(1925), which Florida has expressly adopted. See § 933.19, Fla. Stat. (1927). The Carroll Court described

...State, Fla.App.1966, 183 So.2d 857 ; McCray v. State of Illinois, 386 U.S. 300 , 87 S.Ct. 1056 , 18 L.Ed.2d 62 (1967). Police officers may make a warrant-less search of an automobile if there exists probable cause to believe that it contains contraband or stolen property. Section 933.19, Florida Statutes, F.S.A.; Carroll v....

DCA), cert. denied, 364 So.2d 888 (Fla.1978); Section 933.19, Florida Statutes (1981). This exception derives

...probable cause to believe that the vehicle contains contraband or evidence of crime. Carroll v. United States, supra ; Hill v. State, 238 So.2d 608 (Fla. 1970); Miranda v. State, 354 So.2d 411 (Fla. 3d DCA), cert. denied, 364 So.2d 888 (Fla. 1978); Section 933.19, Florida Statutes (1981)....

bag was open with its contents in plain view. Section 933.19, Florida Statutes (1979), adopts the rule formulated

PER CURIAM. Affirmed. Carroll v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed.2d 543 (1925), adopted by § 933.19, Fla.Stat....

...Brinegar v. United States, 1949, 338 U.S. 160 , 69 S.Ct. 1302 , 93 L.Ed. 1879; Carroll v. United States, 1925, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 ; Carter v. State, Fla.App.1967, 199 So.2d 324 ; Miller v. State, Fla.App.1962, 137 So.2d 21 ; F.S.1967, Section 933.19, F.S.A....

...§ 901.151, Fla.Stat. (1979); Schnick v. State, 362 So.2d 423 (Fla. 4th DCA 1978); State v. Lundy, 334 So.2d 671 (Fla. 4th DCA 1976). The state contends that the search was proper under Carroll v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 (1925), and section 933.19(1), Florida Statutes (1979), which adopts the Carroll doctrine....

...Having more than a mere doubt as to the correctness of the searching officers’ actions here, we are unable to uphold the trial court’s implicit finding of probable cause. Since we have determined that probable cause was lacking here, Carroll and section 933.19(1) are inapplicable....

...set out in the opinion do not lead to any probable cause regarding a crime or contraband or a weapon, we must assume there were other facts. If not, then we are also in conflict with Stevens . REVERSED. ORFINGER, C.J., and COWART, J., concur. . See § 933.19, Fla.Stat....

simplified by our Legislature’s adoption of Section 933.19, Florida Statutes (1977) which provides for

543 (1925), adopted as the law of Florida by Section 933.-19, Florida Statutes (1977); Collins v. State

S.Ct. 280, 69 L.Ed. 543 (1925) adopted by Section 933.-19, Florida Statutes (1975); State ex rel. Butler

...hich “open view” gave the state agent probable cause to search the defendants’ boat without a search warrant and to seize the marijuana thereon, see e. g., Carroll v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 (1925), adopted by § 933.19, Fla.Stat....

...2157 , 72 L.Ed.2d 572 (1982); Chambers v. Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970); Carroll v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 (1925); Adoue v. State, 408 So.2d 567 (Fla.1981); State v. Gillum, 428 So.2d 755 (Fla. 2d DCA 1983). See also § 933.19(1), Fla....

45 S.Ct. 280, 69 L.Ed. 543 (1925), adopted by § 933.19, Fla.Stat. (1979); Hetland v. State, 387 So.2d

...dant Dixon v. State, 343 So.2d 1345 (Fla. 2d DCA 1977); Berry v. State, 316 So.2d 72 (Fla. 1st DCA 1975), and probable cause to search the defendant’s vehicle; Carroll v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 (1925), adopted by § 933.19, Fla.Stat....