WILLIE JAMES BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIE JAMES BROWN, APPELLANT,
STATE OF FLORIDA, APPELLEE
470 So. 2d 56
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed on the authority of State v. Shipman, 370 So. 2d 1195 (Fla. 4th DCA 1979); see also Phoenix v. State, 455 So. 2d 1024 (Fla.1984) and State v. McGoey, 399 So. 2d 495 (Fla. 3rd DCA 1981).
HERSEY and GLICKSTEIN, JJ., concur. WALDEN, J., dissents with opinion.
Dissent
WALDEN, Judge,
dissenting:
I respectfully dissent because, in my opinion, the law enforcement officials, acting outside their jurisdiction, impermissibly used the powers of their office in arresting James J. Carney. The totality of their actions lead me to this conclusion. The officers participated in a drug deal to include possession, a right not available to a private citizen. One officer used a body bug in arranging for the drug deal and bust, again in violation of statute and contrary to the rights enjoyed by private citizens. Finally, the officers carried and used concealed weapons in making the arrest, a right not available to a person making a citizen’s arrest.
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Rice v. Cities Sewer Serv. OF Broward Cnty., Inc., 488 So. 2d 662 (Fla. 4th DCA 1986)…oral argument the writer pointed out the pertinence of another decision of this court, and also pointed out that it was without precedential value because a PCA, albeit the facts are fully described in the dissent. In Dodson v. Holy Cross Hospital, 470 So. 2d 56 (Fla. 4th DCA 1985), the writer’s dissent states: I would reverse the summary final judgment insofar as it enters judgment in favor of Holy Cross Hospital and against Elizabeth M. Dodson, in her individual capacity, for her late husband’s unpaid ho…
Authorities Cited
- Phoenix v. State, 455 So. 2d 1024 (Fla. 1984)
- State v. Shipman, 370 So. 2d 1195 (Fla. 4th DCA 1979)
- Roberts Elecs., Inc. v. Roisman, 399 So. 2d 495 (Fla. 3d DCA 1981)