Smith v. StateSmith v. State
Appellant contends that condition (11) of his probation which requires him to consent to a search of himself or any vehicle or premises under his control at any time by any law enforcement officer is overbroad and violates his rights under the
The provision is valid insofar as it permits appellant‘s probation supervisors to make these searches, but is not valid insofar as it grants blanket permission for warrantless searches to other law enforcement officers. Grubbs v. State, 373 So.2d 905 (Fla. 1979); Wood v. State, 378 So.2d 110 (Fla. 5th DCA 1980).
Condition (11) of the probation order is modified to apply only to probation supervisors, and as modified, the judgment and sentence are
AFFIRMED.
DAUKSCH, C.J., and SHARP, J., concur.