THE STATE OF FLORIDA, APPELLANT,
v.
LAWRENCE CLARK, APPELLEE

Fla. 3d DCA | 1980-10-28
No. 79-1738
Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.
389 So. 2d 1216 Florida District Court of Appeal, Third District (1980) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. An arrest for trespass under Section 810.08(1), Florida Statutes (1977), as for other cases, must be based on facts which lead a reasonable person to believe that an offense has been committed, Albo v. State, 379 So. 2d 648 (Fla.1980); Benefield v. State, 160 So. 2d 706 (Fla.1964), and not upon suspicion. Betancourt v. State, 224 So. 2d 378 (Fla.3d DCA 1969).


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Citator

Cited By

  • Knabb v. Morris, 492 So. 2d 839 (Fla. 5th DCA 1986)
    …aring support a finding of due diligence by the plaintiff in effectuating substituted service of process [*841] on Knabb. The burden to make that showing was on the plaintiff. See AB CTC v. Morejon, 324 So. 2d 625 (Fla.1975); Barriat v. Salahud-din, 389 So. 2d 1216 (Fla. 3d DCA 1980); Robinson v. Cornelius, 377 So. 2d 776 (Fla. 4th DCA 1979); Bird v. International Graphics, Inc., 362 So. 2d 316 (Fla. 3d DCA 1978); Leviten v. Gaunt, 360 So. 2d 112 (Fla. 3d DCA 1978); Fleischman v. Morris, 260 So. 2d 278 (Fla. 3…
  • Cross v. Kalina, 681 So. 2d 855 (Fla. 5th DCA 1996)
    …ablish due diligence when investigator failed to utilize obvious and available resources to locate defendant). Furthermore, we cannot determine from conclusory statements in Kalina’s affidavit that a diligent search was made. Barriat v. Salahud-Din, 389 So. 2d 1216, 1217 (Fla. 3d DCA 1980). We reverse and remand for proceedings not inconsistent with this opinion. REVERSED and REMANDED with directions. DAUKSCH and GOSHORN, JJ., concur.…
  • Howell v. Falls, 513 So. 2d 1096 (Fla. 4th DCA 1987)
    …Plaintiff has attempted to obtain the address of said Defendant through the use of a professional tracing service, but to no avail. In my opinion the foregoing is substantially different from the cursory efforts described in Barriat v. Salahud-Din, 389 So. 2d 1216 (Fla. 3d DCA 1980). Not only was service attempted at the address provided by appellant, but telephone directories and public records of three counties were searched, and a professional tracing service engaged, to no avail. Such facts show there was…

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