State v. Moore, AK-231

Citation424 So.2d 882
Decision Date17 December 1982
Docket NumberNo. AK-231,AK-231
PartiesSTATE of Florida, Appellant, v. Stephen Richard MOORE, Appellee.
CourtCourt of Appeal of Florida (US)

Jim Smith, Atty. Gen. and Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, for appellant.

Larry G. Turner and Thomas W. Kurrus, Gainesville, for appellee.

JOANOS, Judge.

The State of Florida appeals a non-final order granting Moore's motion to suppress evidence based upon a finding that section 812.055, Florida Statutes (1981), is unconstitutional. We agree with the state's position and reverse.

We concur in the well-reasoned analysis of the Fourth District Court of Appeal in Bludworth v. Arcuri, 416 So.2d 882 (Fla. 4th DCA 1982), where the constitutionality of Section 812.055, Florida Statutes (1981), was upheld. Section 812.055, Florida Statutes (1981), is limited to specified commercial establishments (here, a motor vehicle repair shop) and to execution during normal business hours, so there is no unlawful infringement of Moore's private property as he contends. Moore is on notice by the statute's clear language and the searching officer does not have unbridled discretion, as the statute specifically limits the purpose of the inspection.

Accordingly, the trial court's order is REVERSED.

SHAW and WIGGINTON, JJ., concur.

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4 cases
  • People v. Pace
    • United States
    • New York Supreme Court Appellate Division
    • April 30, 1984
    ...den. 444 U.S. 899, 100 S.Ct. 208, 62 L.Ed.2d 135; People v. Grey, 23 Cal.App.3d 456, 462, 100 Cal.Rptr. 245) and Florida (State v. Moore, 424 So.2d 882 [Fla.App.]; Bludworth v. Arcuri, 416 So.2d 882 [Fla.App.] ) have found statutes somewhat more tightly drafted than the New York City Charte......
  • People v. Leto, J-6
    • United States
    • United States State Supreme Court (New York)
    • June 1, 1984
    ...in California (e.g., People v. Easley, 90 Cal.App.3d 440 cert den 440 US 899 People v. Grey, 23 Cal.App.3d 456, 462 ) and Florida (State v. Moore, 424 So2d 882 Bludworth v. Arcuri, 416 So2d 882 ) have found statutes somewhat more tightly drafted than the New York City Charter provision (see......
  • State v. Zinmeister
    • United States
    • United States Court of Appeals (Ohio)
    • October 7, 1985
    ...v. Woolsey (1979), 90 Cal.App.3d 994, 153 Cal.Rptr. 746; People v. Grey (1972), 23 Cal.App.3d 456, 100 Cal.Rptr. 245; State v. Moore (Fla.App.1982), 424 So.2d 882; Shirley v. Commonwealth (1977), 218 Va. 49, 235 S.E.2d Cleveland Codified Ordinances Section 601.15 was enacted as "an emergenc......
  • Moore v. State
    • United States
    • United States State Supreme Court of Florida
    • December 8, 1983
    ...Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, for respondent. McDONALD, Justice. Moore has petitioned for review of State v. Moore, 424 So.2d 882 (Fla. 1st DCA 1982), which declared section 812.055, Florida Statutes (1981), constitutional. We have jurisdiction pursuant to article V, sec......

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