STATE OF FLORIDA, APPELLANT,
v.
LOYCE CARSON AND KIPP MORRIS AFFRON, APPELLEES
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PER CURIAM.
This is an appeal from an order granting a motion to suppress evidence on the grounds that an illegal arrest preceded the search and seizure. The arrest was made by a municipal police officer outside of his territorial jurisdiction and we find that the state has waived any claim that the arrest was proper as a citizen’s arrest. State v. Shipman, 370 So. 2d 1195 (Fla. 4th DCA 1979). Nevertheless, the state contends the arrest was lawful because the municipal officer had previously been attached to the county sheriff’s office in a special capacity and was then issued an identification card granting him the authority of a deputy sheriff “when assigned to specific duties.” See Section 30.09(4)(b), Florida Statutes (1977). The officer’s attachment to the sheriff’s office had terminated well before the arrest in question, and the arrest was not made pursuant to any assignment by the sheriff. We believe the evidence supports the trial court’s ruling that the officer was not authorized to make the arrest by reason of his status as a special deputy, since the arrest did not occur while the officer was “assigned to specific duties.”
Affirmed.
DOWNEY, C. J., ANSTEAD, J., and GLICKSTEIN, HUGH S., Associate Judge, concur.
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Ramer v. State, 530 So. 2d 915 (Fla. 1988)…ished that both officers had taken oaths, executed surety bonds, and held authorized cards identifying them as special deputies with the Hillsborough County Sheriff’s Department. We note that the Fourth District Court of Appeal, in State v. Carson, 374 So. 2d 621 (Fla. 4th DCA 1979), contrary to that court’s decision in the instant case, approved the suppression of evidence because it was based on an illegal arrest made by a municipal police officer outside his jurisdiction. In Carson, the state claimed the…
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Silas v. State, 495 So. 2d 1241 (Fla. 5th DCA 1986)…e he had no authority to act in the county. Silas relies on a line of cases that hold that a police officer cannot make a valid arrest outside of his jurisdiction unless the actions can be classified as actions of a private citizen. State v. Carson, 374 So. 2d 621 (Fla. 4th DCA 1979); State v. Shipman, 370 So. 2d 1195 (Fla. 4th DCA 1979); cert. denied, 381 So. 2d 769 (Fla.1980); Collins v. State, 143 So. 2d 700 (Fla. 2d DCA), cert. denied, 148 So. 2d 280 (Fla.1962). Silas also cites the decision of Clinton v.…
Authorities Cited
- State v. Shipman, 370 So. 2d 1195 (Fla. 4th DCA 1979)