Haile v. Gardner

Citations

• 82 Fla. 355
• 91 So. 376

Syllabus

<p>1. The constitutional guarantee against “unreasonable seizures and searches,” in purpose and effect forbids the Legislature to enact laws that authorize unreasonable searches or seizures as well as forbids unreasonable searches and seizures by officers purporting to act under laws that authorize reasonable seizures and searches.</p> <p>2. What is a reasonable law authorziing a search or seizure, is ultimately for judicial determination upon due consideration of the nature and extent of the evil designed to be remedied and the provisions of the law.</p> <p>3. What is a reasonable or valid search or seizure, is to be determined by the'courts upon due consideration of the circumstances and manner in which the search or seizure is made by the officer.</p> <p>4. No search or seizure is permissible under the law without a proper warrant duly issued, except as a reasonable search and seizure may be allowed by law as an incident to a lawful arrest.</p> <p>5. Where an arrest without a warrant is allowed by law, as for an offense being committed or threatened in the presence of an officer authorized by law to make arrests for such offense, a reasonable search and seizure that is properly incident to a lawful arrest, may be made in a reasonable and proper manner by the -officer making the lawful arrest; but the search and seizure should not be inappropriate to the reasonable requirements for making effective a lawful arrest.</p> <p>6. Warrants authorizing a search or seizure may be issued only by the authorized officers;- and such warrants should not be issued except upon a due showing upon oath or affirmation, indicating a probable violation of law; and the warrants should particularly describe the person or place or thing to be searched or seized as indicated in the applications duly made for the warrants.</p> <p>7. Chapter 7736, Acts of 1918, provides that in prosecutions thereunder “it shall be sufficient to allege generally and to prove that the liquor is alcoholic or