399 So. 2d 992

Nicolaas Mathias HUPPERTZ, Appellant, v. The STATE of Florida, Appellee.

No. 79-2303.

District Court of Appeal of Florida, Third District.

May 12, 1981.

Rehearing Denied July 10, 1981.

Bennett H. Brummer, Public Defender and Lawrence J. Stein, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and James H. Greason and Theda James, Asst. Attys. Gen., for appellee.

Before SCHWARTZ and FERGUSON, JJ., and EZELL, BOYCE F., Jr. (Ret.), Associate Judge.

SCHWARTZ, Judge.

Huppertz was charged with grand theft by attempting to pass a bad check and, because of that offense, with violating a term of probation for possession of a controlled substance.1 The trial judge ruled that the check in question had been unlawfully seized from the defendant and suppressed, as to the substantive case only, both the check and a statement he made immediately after the seizure.2 On the ground that the exclusionary rule is inapplicable to probation hearings, however, suppression was denied in that proceeding. The defendant then plead nolo to the probation violation,3 specifically reserving the right to seek review of the order denying suppression, and now appeals from the re-*993suiting revocation of probation, judgment, and sentence.4

Following State v. Dodd, 396 So.2d 1205 (Fla. 3d DCA 1981), we reverse with directions to restore the appellant to probation. Like Dodd and Ray v. State, 387 So.2d 995 (Fla. 4th DCA 1980), we conclude that Grubbs v. State, 373 So.2d 905 (Fla. 1979) holds that the exclusionary rule is enforceable in probation revocation proceedings and that the district courts must follow Grubbs as the latest supreme court expression on the subject. As we did in Dodd, however, we expressly state that this decision is in direct conflict with the earlier supreme court decision in Croteau v. State, 334 So.2d 577 (Fla.1976), and certify a direct conflict with Shipp v. State, 349 So.2d 690 (Fla. 4th DCA 1977) and Latham v. State, 360 So.2d 127 (Fla. 1st DCA 1978).

Reversed.

Huppertz v. State
399 So. 2d 992

Case Details

Name
Huppertz v. State
Decision Date
May 12, 1981
Citations

399 So. 2d 992

Jurisdiction
Florida

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