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State v. Schihl

District Court of Appeal of Florida, Fourth District
Jun 29, 1983
447 So. 2d 227 (Fla. Dist. Ct. App. 1983)

Opinion

No. 83-220.

June 29, 1983.

Non-final appeal from Circuit Court, Broward County; Leroy H. Moe, Judge.

Jim Smith, Atty. Gen., Tallahassee, and James P. McLane, Asst. Atty. Gen., West Palm Beach, for appellant.

Fred Haddad of Sandstrom Haddad, Fort Lauderdale, for appellee.


Affirmed. See Riley v. State, 448 So.2d 1029 (Fla. 3d DCA 1983). In response to appellant's request, we join with the Third District Court of Appeal and certify to the Supreme Court of Florida, as provided for in Article V, Section 3(b)(4) of the Constitution of Florida, the following question of great public importance:

WHETHER IT IS UNLAWFUL [UNDER THE FEDERAL OR FLORIDA CONSTITUTION OR FLORIDA STATUTORY LAW] FOR THE POLICE, IN AN OTHERWISE LAWFUL MANNER, TO ENTER PRIVATE PREMISES WHICH THEY ARE AUTHORIZED TO SEARCH PURSUANT TO A VALID AND PREVIOUSLY ISSUED SEARCH WARRANT, WHEN THE ENTERING OFFICERS DO NOT PHYSICALLY HAVE THE SEARCH WARRANT IN HAND UPON ENTRY, BUT DO RECEIVE THE WARRANT SHORTLY THEREAFTER AND DULY EXECUTE IT.

HERSEY, GLICKSTEIN and DELL, JJ., concur.


Summaries of

State v. Schihl

District Court of Appeal of Florida, Fourth District
Jun 29, 1983
447 So. 2d 227 (Fla. Dist. Ct. App. 1983)
Case details for

State v. Schihl

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. BRUCE JOSEPH SCHIHL, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 29, 1983

Citations

447 So. 2d 227 (Fla. Dist. Ct. App. 1983)

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