Dunnavant v. State

CourtUnited States State Supreme Court of Florida
Writing for the CourtCHAPMEN; ADAMS
Citation46 So.2d 871
PartiesDUNNAVANT v. STATE.
Decision Date13 June 1950

Page 871

46 So.2d 871
DUNNAVANT

v.
STATE.
Supreme Court of Florida, Division B.
June 13, 1950.

Page 872

Philip D. Beall, Jr., and Coe & Eggart, Pensacola, for appellant.

Richard W. Ervin, Attorney General, and Murray Sams, Jr., Assistant Attorney General, and Roy T. Rhodes, Special Assistant Attorney General, for appellee.

CHAPMEN, Justice.

The appellant, Louie Frank Dunnavant, was convicted of the crime of possessing untaxed liquor in the Court of Record of Escambia County, Florida, and sentenced to serve a period of two years at hard labor in the State Prison. The whiskey was found in the appellant's home when it was searched by the officers under the authority of a search warrant. The judgment of conviction challenged on this appeal either stands or falls on the legality of the search of the appellant's home. The search warrant was issued on the affidavit of Nolen L. Booker by Honorable Harvey E. Page, County Judge of Escambia County, Florida, and are substantially as follows:

'State a Florida,

'Escambia County.

'Before the Undersigned Harvey E. Page, County Judge personally came Nolan Booker who by me being first duly sworn deposes and says:

'(2) That the laws of the State of Florida, towit: The Laws against the sale, possession, manufacture of untaxed alcoholic and intoxicating liquor are being violated on the following described premises: a one story frame building located on the northwest corner of West Jackson and North A Streets and bearing the number 700 on the Jackson Street side in the city of Pensacola, County of Escambia, State of Florida, and being the premises of persons unknown by reason of the following facts, to-wit: On June 1, 1949, the affiant searched a confidential informer and determined that he had no whiskey on his persons and witnessed him enter the building described above and in a few minutes come therefrom and come directly to affiant, when he handed him one pint bottle of non tax paid or moonshine whiskey. Affiant gave the confidential informer two dollars before he entered the said premises and the informer stated that he paid two dollars for the pint of non tax paid whiskey and that the whiskey was secured from the back part of the building and delivered to him in the front part of the building.

'Search of the above premises to be made to seize all untaxed intoxicating beverages, and/or all apparatus, containers, etc., used in and about the possession, manufacture or sale of untaxed alcoholic beverages and to seize all persons in possession thereof.

'Wherefore it is prayed that a search warrant issue for the above described premises to seize all untaxed, illegal intoxicating liquors and all illegal untaxed apparatus, containers, etc., used in and about the unlawful sale, possession and manufacture of untaxed and illegal intoxicating beverages.

'/s/ Nolen L. Booker

'Sworn to and subscribed before me in my presence this 3 day of June, A.D. 1949.

'(Seal) /s/ Harvey E. Page

'County Judge, Escambia County, Fla.

'The above application for search warrant coming on to be heard and having examined the applicant under oath and the above sworn affidavit set forth and other

Page 873

facts and thereupon being satisfied that there is probable cause to believe that the grounds set forth in said application and facts do exist and that the law is being violated as alleged, I so find and a search warrant is hereby allowed and issued.

'/s/ Harvey E. Page

'County Judge, Escambia County, Fla.

'Search Warrant

'State of Florida

'County of Escambia}

'In the Name of the State of Florida:

'To All and Singular the Sheriffs and Constables, Supervisors and Agents of the Beverage Department of the State of Florida:

'Whereas, complaint on oath and in writing, supported by affidavit has been made before the undersigned County Judge of Escambia County, Florida, and Whereas said facts made known to me have caused me to certify and find that there is probable cause to believe that the laws of the State of Florida have been and are being violated on or in the premises known and described as follows: A one frame building located on the northwest corner of West Jackson and North A Streets and bearing the number 700 on the Jackson Street side, in the City of Pensacola, in the County of Escambia, State of Florida, and being the premises of persons unknown, by having on and in said premises illegal, untaxed intoxicating beverages.

'Now, Therefore, you or either of you, with such lawful assistance as may be necessary, are hereby commanded, in the day time or in the night time, to enter the said premises and then and there to search diligently for said illegal, untaxed intoxicating beverages, property described in this warrant, and if the same or any part thereof be found on said premises, you are hereby authorized to seize and secure the same and to make return of your doings under this warrant to the undersigned within ten days from the date hereof, and you are likewise commanded in the event you seize or take the property or materials mantioned in this warrant to safely keep...

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45 practice notes
  • Swartz v. State, No. U--119
    • United States
    • Court of Appeal of Florida (US)
    • July 14, 1975
    ...set forth the facts tending to establish the grounds of the application or probable cause'. (See Dunnavant v. State, Sup.Ct.Fla.1950, 46 So.2d 871 and Cooper v. State, Sup.Ct.Fla.1932, 106 Fla. 254, 143 So. F.S. § 933.06, which deals with applications for search warrants in general provides......
  • Hall v. Sargeant, CASE NO. 18-80748-CIV-ALTMAN/Reinhart
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • March 30, 2020
    ...is guilty of the offense with which he is charged.'" Goldstein v. Sabella, 88 So. 2d 910, 911 (Fla. 1956) (quoting Dunnavant v. State, 46 So. 2d 871, 874 (Fla. 1950)). "Probable cause in the context of a civil suit is measured by a lesser standard than in a criminal suit." Wright v. Yurko, ......
  • Melford v. Kahane & Assocs., Case No. 18-cv-60881-BLOOM/Valle
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • April 1, 2019
    ...offense with which he is charged.’ " Goldstein v. Sabella, 88 So.2d 910, 911 (Fla. 1956) (quoting 371 F.Supp.3d 1125 Dunnavant v. State, 46 So.2d 871, 874 (Fla. 1950) ). "Probable cause in the context of a civil suit is measured by a lesser standard than in a criminal suit." Wright, 446 So.......
  • Fletcher v. Florida Pub. Co., No. V-101
    • United States
    • Court of Appeal of Florida (US)
    • September 10, 1975
    ...for that statement were cited and the statement had nothing to do with the facts of that case. 20 Dunnavant v. State, Sup.Ct.Fla.1950, 46 So.2d 871; see also Swartz, Woodrum and Haynes v. State, Fla.App., 316 So.2d 21 See Thompson v. City of Jacksonville, Fla.App.1st 1961, 130 So.2d 105). 2......
  • Request a trial to view additional results
45 cases
  • Swartz v. State, No. U--119
    • United States
    • Court of Appeal of Florida (US)
    • July 14, 1975
    ...set forth the facts tending to establish the grounds of the application or probable cause'. (See Dunnavant v. State, Sup.Ct.Fla.1950, 46 So.2d 871 and Cooper v. State, Sup.Ct.Fla.1932, 106 Fla. 254, 143 So. F.S. § 933.06, which deals with applications for search warrants in general provides......
  • Hall v. Sargeant, CASE NO. 18-80748-CIV-ALTMAN/Reinhart
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • March 30, 2020
    ...is guilty of the offense with which he is charged.'" Goldstein v. Sabella, 88 So. 2d 910, 911 (Fla. 1956) (quoting Dunnavant v. State, 46 So. 2d 871, 874 (Fla. 1950)). "Probable cause in the context of a civil suit is measured by a lesser standard than in a criminal suit." Wright v. Yurko, ......
  • Melford v. Kahane & Assocs., Case No. 18-cv-60881-BLOOM/Valle
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • April 1, 2019
    ...offense with which he is charged.’ " Goldstein v. Sabella, 88 So.2d 910, 911 (Fla. 1956) (quoting 371 F.Supp.3d 1125 Dunnavant v. State, 46 So.2d 871, 874 (Fla. 1950) ). "Probable cause in the context of a civil suit is measured by a lesser standard than in a criminal suit." Wright, 446 So.......
  • Fletcher v. Florida Pub. Co., No. V-101
    • United States
    • Court of Appeal of Florida (US)
    • September 10, 1975
    ...for that statement were cited and the statement had nothing to do with the facts of that case. 20 Dunnavant v. State, Sup.Ct.Fla.1950, 46 So.2d 871; see also Swartz, Woodrum and Haynes v. State, Fla.App., 316 So.2d 21 See Thompson v. City of Jacksonville, Fla.App.1st 1961, 130 So.2d 105). 2......
  • Request a trial to view additional results

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