State v. Cross
| Decision Date | 01 May 1986 |
| Docket Number | No. 67137,67137 |
| Citation | 487 So.2d 1056,11 Fla. L. Weekly 193 |
| Parties | 11 Fla. L. Weekly 193 STATE of Florida, Petitioner, v. Kevin Richard CROSS, Respondent. |
| Court | Florida Supreme Court |
Jim Smith, Atty. Gen. and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for petitioner.
James Marion Moorman, Public Defender and Joel E. Grigsby, Asst. Public Defender, Tenth Judicial Circuit, Bartow, for respondent.
We have before us by petition for review Cross v. State, 469 So.2d 226 (Fla. 2d DCA 1985), wherein the district court certified a question of great public importance. We have jurisdiction under article V, section 3(b)(4), Florida Constitution.
The facts surrounding respondent Cross's revocation of probation are recounted in the district court's opinion. It is sufficient for the purpose of addressing the certified question to note that the district court reversed the trial court's order, finding erroneous its conclusion that the nonconsensual warrantless search of Cross's home came within the emergency doctrine exception to the warrant requirement. The district court, having concluded that Cross's probation was revoked based on illegally obtained evidence, then addressed the inadmissibility of such evidence in a probation revocation proceeding and certified the following question:
WHETHER AMENDED ARTICLE I, SECTION 12, OF THE FLORIDA CONSTITUTION PROHIBITS ILLEGALLY OBTAINED ARTICLES AND INFORMATION FROM BEING ADMITTED IN EVIDENCE IN PROBATION REVOCATION PROCEEDINGS?
We agree with the district court's conclusion that the evidence in this case was illegally seized. The state does not challenge this holding, but argues that amended article I, section 12, Florida Constitution, effective January 4, 1983, renders the exclusionary rule no longer applicable in probation revocation proceedings in Florida. Prior to the amendment, we held that the exclusionary rule did apply in probation revocation proceedings. State v. Dodd, 419 So.2d 333 (Fla.1982); Grubbs v. State, 373 So.2d 905 (Fla.1979). The amended section, with new language underlined, reads as follows:
SECTION 12. Searches and seizures.--The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution.
The state urges that the rationale of our previous cases, this Court's conclusion that the Florida constitutional proscription against unreasonable searches and seizures is more restrictive than its federal counterpart, no longer has any constitutional basis under the amendment. The state concedes that no United States Supreme Court decision specifically holds the exclusionary rule inapplicable to probation revocation proceedings. It points out, however, that a probationer in a probation revocation proceeding is not entitled to the full panoply of rights guaranteed to a defendant in a criminal proceeding. Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). The state argues that as the exclusionary rule is not constitutionally required, but rather is a judicial remedy designed to curtail police misconduct, e.g., United States v. Leon, 468 U.S. 897, 104 S.Ct. 3430, 82 L.Ed.2d 702 (1984), its remedy is adequately served by excluding illegally seized evidence from substantive criminal prosecutions, while permitting its use in probation revocation hearings. The state suggests that we should hold the exclusionary rule inapplicable in these latter proceedings in conformity with the majority of federal circuits. See United States v. Bazzano, 712 F.2d 826 (3d Cir.1983), cert. denied, 465 U.S. 1078, 104 S.Ct. 1439, 79 L.Ed.2d 760 (1984); United States v. Frederickson, 581 F.2d 711 (8th Cir.1978); United States v. Winsett, 518 F.2d 51 (9th Cir.1975); United States v. Farmer, 512 F.2d 160 (6th Cir.), cert. denied, 423 U.S. 987, 96 S.Ct. 397, 46 L.Ed.2d 305 (1975); United States v. Brown, 488 F.2d 94 (5th Cir.1973); but see United States v. Workman, 585 F.2d 1205 (4th Cir....
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Scott v. Pennsylvania Bd. of Probation and Parole
...that, under their state constitutions, the exclusionary rule is generally applicable to revocation proceedings. See, e.g., State v. Cross, 487 So.2d 1056 (Fla.1986); State ex rel. Juvenile Department of Multnomah County v. Rogers, 314 Or. 114, 836 P.2d 127 (1992); Mason v. State, 838 S.W.2d......
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...exclusionary rule applies in probation revocation proceedings. See State v. Scarlet, 800 So.2d 220, 222 (Fla. 2001); State v. Cross, 487 So.2d 1056, 1057-58 (Fla.1986). And, as noted above, a defendant charged with a violation of probation has an absolute right to counsel in revocation proc......
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...search and seizure issue which comes before us for review, we are free to look to our own precedent for guidance. See State v. Cross, 487 So.2d 1056, 1057 (Fla.), cert. dismissed, 479 U.S. 805, 107 S.Ct. 248, 93 L.Ed.2d 172 ...
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...December 29 search and discharge of the burglary conviction eliminates the first alleged violation of community control. See State v. Cross, 487 So.2d 1056 (Fla.), cert. den., 479 U.S. 805, 107 S.Ct. 248, 93 L.Ed.2d 172 (1986); Robinson v. State, 547 So.2d 321 (Fla. 5th DCA1989); Kelly v. S......
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