THE STATE OF FLORIDA, APPELLANT,
v.
JULES SPENCER, APPELLEE
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PER CURIAM.
The order dismissing the information in this cause is reversed and the cause is remanded to the trial court for further proceedings. The sole basis for the dismissal of the information herein was that the defendant Jules Spencer had been unlawfully arrested by the police without probable cause. Even if this be true, and we express no opinion thereon, the law is well-settled that an indictment or information may not be dismissed by a trial court on the ground that the police unlawfully arrested the defendant based on no probable cause. This being so, we have no alternative but to reverse the order of dismissal under review. Gerstein v. Pugh, 420 U.S. 103, 119, 95 S.Ct. 854, 865, 43 L.Ed.2d 54, 68 (1975); State v. Schroeder, 112 So. 2d 257, 261 (Fla.1959); State v. Colquitt, 411 So. 2d 1039 (Fla. 3d DCA 1982); State v. Brooks, 388 So. 2d 1291, 1292 (Fla. 3d DCA 1980); State v. Mach, 187 So. 2d 918, 922-23 (Fla. 2d DCA 1966).
Reversed and remanded.
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State v. E.T., 560 So. 2d 1282 (Fla. 3d DCA 1990)…1982); State v. Mach, 187 So. 2d 918, 922-23 (Fla. 2d DCA 1966); that “an indictment or information may not be dismissed by a trial court on the ground that the police unlawfully arrested the defendant based on no probable cause,” State v. Spencer, 443 So. 2d 1086 (Fla. 3d DCA 1984), because “[a]n illegal arrest, without more, has never been viewed as a bar to subsequent prosecution nor as defense to a valid charge,” State v. Tillman, 402 So. 2d 19, 20 (Fla. 3d DCA 1981); accord State v. Brooks, 388 So. 2d 12…
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Perry v. State, 478 So. 2d 494 (Fla. 5th DCA 1985)…421 (1886); State v. Tillman, 402 So. 2d 19 (Fla.3d DCA 1981). Neither should an indictment or information be dismissed by a trial court on the ground that the police unlawfully arrested a defendant based on no probable cause. See State v. Spencer, 443 So. 2d 1086 (Fla.3d DCA 1984). The confusion below apparently stems from the reliance by the appellant on cases such as Dixon v. State, 101 Fla. 840, 132 So. 684 (1931) and City of Miami v. Nelson, 186 So. 2d 535 (Fla.3d DCA), cert. denied, 194 So. 2d 621 (Fla…
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State v. Ostrow, 579 So. 2d 292 (Fla. 3d DCA 1991)…Fla. 3d DCA 1990); Darby v. State, 502 So. 2d 1358 (Fla. 5th DCA 1987), review denied, 511 So. 2d 298 (Fla.1987), cert. denied, 484 U.S. 897, 108 S.Ct. 231, 98 L.Ed.2d 190 (1987); Perry v. State, 478 So. 2d 494 (Fla. 5th DCA 1985); State v. Spencer, 443 So. 2d 1086 (Fla. 3d DCA 1984); Campbell v. County of Dade, 113 So. 2d 708 (Fla. 3d DCA 1959); 1 W. LaFave, Search & Seizure § 1.9 (2d ed. 1987 & Supp.1991); 21 Am.Jur.2d Criminal Law § 340 (1981); and (b) the arrest in question was in fact validly effected.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gerstein v. Pugh, 420 U.S. 103 (U.S. 1975)
- State v. Schroeder, 112 So. 2d 257 (Fla. 1959)
- State v. Brooks, 388 So. 2d 1291 (Fla. 3d DCA 1980)
- State v. Mach, 187 So. 2d 918 (Fla. 2d DCA 1966)
- State v. Colquitt, 411 So. 2d 1039 (Fla. 3d DCA 1982)