FLOYD CHANEY, PETITIONER-APPELLANT,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT-APPELLEE
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The court held that a search incident to arrest is valid if probable cause existed for any offense, even if the arresting officer cited a different offense.
Petitioner was arrested for damaging telephone equipment, a misdemeanor, but the arresting officer lacked probable cause for that specific offense. Ho…
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PER CURIAM:
Floyd Chaney appeals from the district court’s denial of habeas relief. Chaney challenges his Florida convictions for damaging telephone equipment and for petty larceny, both misdemeanors, and for possession of burglary tools, a felony. The convictions were affirmed on direct appeal. Chaney v. Florida, 237 So. 2d 281 (Fla.App.1970), cert. denied 242 So. 2d 461 (Fla.S.Ct.1970), cert. denied 403 U.S. 904, 91 S.Ct. 2205, 29 L.Ed.2d 680 (1971). In his habeas petition, Chaney alleges that he was arrested for damaging telephone equipment, a misdemeanor. Because the misdemeanor was not committed in the presence of the arresting officer, he argues that the arrest was illegal and, therefore, the evidence seized incident to the arrest should have been suppressed.
The district court correctly held that, at the time of the arrest, there was probable cause to arrest Chaney for possession of burglary tools, a felony. Because probable cause for arrest for a related offense existed at the time of the arrest, the search incident to the arrest was valid even though the arresting officer did not accurately name the offense for which probable cause existed. See Mills v. Wainwright, 5 Cir. 1969, 415 F. 2d 787; United States v. Bonds, 8 Cir. 1970, 422 F. 2d 660; Staples v. United States, 5 Cir. 1963, 320 F. 2d 817; Hagans v. United States, 5 Cir. 1963, 315 F. 2d 67. Cf. Beck v. Ohio, 1964, 379 U.S. 89, 85 S.Ct. 223, 13 L.Ed.2d 142; United States v. Wilson, 5 Cir. 1971, 451 F. 2d 209; United States v. Crane, 5 Cir. 1971, 445 F. 2d 509.
The district court did not err in its refusal to hold an evidentiary hearing in this case. The state court held a full and fair hearing and made adequate and presumptively correct factual findings. See Townsend v. Sain, 1962, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770. The trial court gave the petitioner a full and fair hearing in the trial court on his constitutional claims.
The judgment is affirmed.
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United States v. Ullrich, 580 F.2d 765 (5th Cir. 1978)
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United States ex rel. Edward LaBELLE v. Hon. J. Edwin LaVALLEE, 517 F.2d 750 (2d Cir. 1975)
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Kladis v. Brezek, 823 F.2d 1014 (7th Cir. 1987)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (14 total)
- Townsend v. Sain, 372 U.S. 293 (U.S. 1963)
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Beck v. Ohio, 379 U.S. 89 (U.S. 1964)
- United States v. Wilson, 451 F.2d 209 (5th Cir. 1971)
- Dies v. Carter, 403 U.S. 904 (U.S. 1971)
- Staples v. United States, 320 F.2d 817 (5th Cir. 1963)
- Groppi v. Leslie, 403 U.S. 904 (U.S. 1971)
- Chaney v. State, 237 So. 2d 281 (Fla. 4th DCA 1970)
- United States v. Crane, 445 F.2d 509 (5th Cir. 1971)
- Hagans v. United States, 315 F.2d 67 (5th Cir. 1963)