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Marra v. State

District Court of Appeal of Florida, First District
Jan 19, 1977
341 So. 2d 284 (Fla. Dist. Ct. App. 1977)

Opinion

No. DD-176.

January 19, 1977.

Appeal from the Circuit Court for Union County, John J. Crews, J.

Richard W. Ervin, III, Public Defender, and Michael M. Corin, Asst. Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., Tallahassee, for appellee.


A prisoner in the State's custody at Union Correctional Institute urges he was subjected to an unreasonable search and seizure in violation of his Fourth Amendment rights, when on a tip but without warrant or exigent circumstances correctional officers required him to open his personal locker, previously locked with a key in appellant's possession. The locker contained 111 grams of cannabis. Appellant was convicted of its possession. We reject his contention. Although a citizen is not wholly stripped of constitutional protections when imprisoned for crime, search and surveillance necessary for security of the prison must qualify the prisoner's reasonable expectations of privacy. This prisoner had no immunity from a good faith search for contraband conducted by correctional officers, in his presence, with or without his consent. See Lanza v. New York, 370 U.S. 139, 82 S.Ct. 1218, 8 L.Ed.2d 384 (1962) (dictum); Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). Appellant's other point on appeal is not meritorious. State v. Lott, 286 So.2d 565 (Fla. 1973), cert. denied 417 U.S. 913, 94 S.Ct. 2613, 41 L.Ed.2d 217 (1974).

Affirmed.

BOYER, C.J., and MILLS, J., concur.


Summaries of

Marra v. State

District Court of Appeal of Florida, First District
Jan 19, 1977
341 So. 2d 284 (Fla. Dist. Ct. App. 1977)
Case details for

Marra v. State

Case Details

Full title:GEORGE A. MARRA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jan 19, 1977

Citations

341 So. 2d 284 (Fla. Dist. Ct. App. 1977)

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