GODFREY JOSEPH DARBY, JONATHAN LOWERY, AND GEORGE ARRENGTON DARBY, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellants filed motions to suppress and dismiss the information filed against them on the grounds that the arresting officers were acting outside their territorial jurisdiction. Appellants pled nolo contendere, reserving the right to appeal the denial of their motions to dismiss. The validity of an arrest has no bearing on the guilt or innocence of an accused and is not necessary to the jurisdiction of a court in a criminal case. The invalidity of a given arrest, even if establishable, may not suffice to defeat a prosecution where there is sufficient evidence of the offense independent of the arrest. Appellants do not argue that the invalidity of the arrest affects evidence procured by the police after the arrest, but rather the evidence procured by the police in a “reverse sting” operation which occurred before the arrest. Finding the evidence against the defendants not to be tainted by the arrest, even if invalid, we affirm. United States v. Crews, 445 U.S. 463, 100 S.Ct. 1244, 63 L.Ed.2d 537 (1980); Perry v. State, 478 So. 2d 494 (Fla. 5th DCA 1985); State v. Pinoamador, 389 So. 2d 317 (Fla. 3d DCA 1980).
AFFIRMED.
DAUKSCH, SHARP and COWART, JJ., concur.
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Lapar Donta Conley v. State, 226 So. 3d 358 (Fla. 2d DCA 2017)…, Concur. . We note that a postconviction court could find a defendant's claim of prejudice for failing to obtain a Franks hearing meritless if ' there was sufficient evidence for a conviction that was independent of the arrest. See Darby v. State, 502 So. 2d 1358, 1359 (Fla. 5th DCA 1987) ("The invalidity of a given arrest, even if establishable, may not suffice to defeat a prosecution where there is sufficient evidence of the offense independent *of the .arrest,”).…
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State v. Ostrow, 579 So. 2d 292 (Fla. 3d DCA 1991)…he circuit court plainly departed from the essential requirements of the law, both because (a) even an unlawful arrest does not justify outright dismissal of the underlying charge, State v. E.T., 560 So. 2d 1282 (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. Co…
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Authorities Cited
- United States v. Crews, 445 U.S. 463 (U.S. 1980)
- State v. Pinoamador, 389 So. 2d 317 (Fla. 3d DCA 1980)
- State v. Fasolas, 478 So. 2d 494 (Fla. 5th DCA 1985)
- Perry v. State, 478 So. 2d 494 (Fla. 5th DCA 1985)