THE STATE OF FLORIDA, APPELLANT,
v.
DAVID E. STEVENS, APPELLEE
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Florida reversed the suppression of photographic identification obtained during a lawful arrest for furnishing false information to police, holding that the photograph was properly procured as a search incident to arrest.
A photograph obtained as a search incident to a lawful arrest for furnishing false information to police is admissible and not subject to suppression.
[1] A photograph obtained as a search incident to a lawful arrest for furnishing false information to a police officer is admissible and not subject to suppression under the…
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Join FLexlaw to unlock all legal intelligenceDuring a Terry stop, the defendant gave the name Michael Robbins while a tattoo reading "David" was visible on his forearm. Two hours later, when stop…
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PER CURIAM.
The order granting the defendant’s motion to suppress his photographic identification is reversed because the photograph in question was properly procured as a result of a search incident to defendant’s lawful arrest for the misdemeanor of furnishing a police officer with false information. In a light most favorable to the defendant, it was established that, in response to a Terry
stop, the defendant furnished the investigating police officer with the name of Michael Robbins, while at the same time, the policeman observed the word “David” tattooed upon his forearm. Some two hours later, the same police officer stopped the defendant in connection with a second incident. The defendant stated that his name was Jeff Woodson. When the officer asked the defendant for his real name, he reinforced his previous answers in replying, “I already told you.” This disparate information afforded the police officer with authority to arrest the defendant for furnishing false information, which is a violation of Metropolitan Dade County Code Section 21-26(A)(3)(a), punishable as a misdemean-or pursuant to Section 125.69, Florida Statutes (1979). Alexander v. State, 418 So. 2d 432 (Fla. 3d DCA).
For the foregoing reasons, the order granting the defendant’s motion to suppress his photographic identification is reversed and the case remanded for further proceedings.
. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).
SCHWARTZ, Judge
(specially concurring).
I concur in reversal, both for the reason stated in the majority opinion and because the result reached below would be incorrect even if the photograph of the defendant later employed for identification purposes had been initially improperly secured. United States v. Crews, 445 U.S. 463, 100 S.Ct. 1244, 63 L.Ed.2d 537 (1980); State v. Maier, 378 So. 2d 1288 (Fla. 3d DCA 1979), and cases cited.
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Citator
Cited By
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Muehleman v. State, 503 So. 2d 310 (Fla. 1987)…te in Bunnell v. State, 453 So. 2d 808 (Fla.1984), does not render the earlier arrest invalid. Michigan v. DeFillipo, 443 U.S. 31, 99 S.Ct. 2627, 61 L.Ed.2d 343 (1979). We therefore find the initial detention and arrest lawful. See State v. Stevens, 421 So. 2d 41 (Fla.3d DCA 1982). Muehleman’s second fourth amendment claim involves three warrantless searches of the garage in which he had temporarily resided. His initial argument, that the search was tainted by the illegal arrest, United States v. Robinson,…
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Epprecht v. State, 478 So. 2d 450 (Fla. 3d DCA 1985)…[*451] PER CURIAM. Affirmed. United States v. Crews, 445 U.S. 463, 100 S.Ct. 1244, 63 L.Ed.2d 537 (1980); State v. Maier, 378 So. 2d 1288 (Fla. 3d DCA 1979); State v. Stevens, 421 So. 2d 41 (Fla. 3d DCA 1982) (Schwartz, J., concurring). Cf. Paulson v. State, 257 So. 2d 303 (Fla. 3d DCA 1972) (fingerprints).…
Authorities Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968)
- United States v. Crews, 445 U.S. 463 (U.S. 1980)
- Bialowas v. Nat'l R.R. Passenger Corp., 378 So. 2d 1288 (Fla. 3d DCA 1979)
- State v. Maier, 378 So. 2d 1288 (Fla. 3d DCA 1979)
- Alexander v. State, 418 So. 2d 432 (Fla. 3d DCA 1982)