POWELL v. STATE

Nos. 1D12-244, 1D12-1036.

120 So.3d 577 (2013)

Russell C. POWELL, Appellant, v. STATE of Florida, Appellee. Benjamin P. Wilbourn, Appellant, v. State of Florida, Appellee.

District Court of Appeal of Florida, First District.

Opinion on Rehearing August 1, 2013.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, Glenna Joyce Reeves and Steven L. Seliger , Assistant Public Defenders, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, Angela R. Hensel and Heather Flanagan Ross, Assistant Attorneys General, Tallahassee, for Appellee.


MAKAR, J.

Our state and federal constitutions declare that homes — whether castles or cabins, mansions or mobile homes — are protected spaces that require a warrant or other lawful basis to justify a governmental intrusion. At issue in this case is whether police officers entering the property of Russell Powell and Benjamin Wilbourn and peering into a window of their mobile home late at night after receiving an anonymous tip an hour earlier that marijuana...

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