THE STATE OF FLORIDA, APPELLANT,

v.

ALEJANDRO A. TORO AND GILBERT MEJIA, APPELLEES

Fla. 3d DCA | 1982-12-07

No. 81-2762

Before HENDRY, BASKIN and JOR-GENSON, JJ.

422 So. 2d 1084 Florida District Court of Appeal, Third District (1982) Positive Treatment

Cited by 4 cases

Topics

Probable Cause

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Opinion of the Court

PER CURIAM.

The order under review suppressing evidence seized from the defendants is reversed and the cause remanded to the trial court for further proceedings upon a holding that: (1) the discovery of cocaine on the defendants’ persons was justified as a search incident to a valid arrest based on probable cause conferred by a trained narcotics dog’s “alert” on their luggage, State v. Foster, 390 So. 2d 469 (Fla. 3d DCA 1980); State v. Goodley, 381 So. 2d 1180 (Fla. 3d DCA 1980); Mata v. State, 380 So. 2d 1157 (Fla. 3d DCA), petition for review denied, 389 So. 2d 1112 (Fla.1980); and (2) given the existence of probable cause to arrest the defendants for narcotics violations, the fact that the search preceded their formal arrest does not vitiate the search, Rawlings v. Kentucky, 448 U.S. 98, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980); Thomas v. State, 395 So. 2d 280 (Fla. 3d DCA 1981); State v. Byham, 394 So. 2d 1142 (Fla. 4th DCA 1981); Dixon v. State, 343 So. 2d 1345 (Fla. 2d DCA 1977).

Reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

State v. Bullock, 460 So. 2d 517 (Fla. 3d DCA 1984)

…So. 2d 1112 (Fla.1980), (4) the “dog sniff” of the defendant’s luggage took place almost immediately, resulting in a positive alert by the dog on the luggage which gave the police probable cause to arrest the defendant at that point, State v. Toro, 422 So. 2d 1084 (Fla. 3d DCA 1982); State v. Foster, 390 So. 2d 469 (Fla. 3d DCA 1980), and (5) the defendant thereafter gave a voluntary consent to the police to search his luggage which, contrary to the trial court’s conclusion, was untainted by any prior illegal…
State v. Brown, 586 So. 2d 473 (Fla. 4th DCA 1991)

…ate, 395 So. 2d 280 (Fla. 3d DCA 1981). See also Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685, reh’g. denied, 396 U.S. 869, 90 S.Ct. 36, 24 L.Ed.2d 124 (1969); Council v. State, 442 So. 2d 1072 (Fla. 3d DCA 1983); State v. Toro, 422 So. 2d 1084 (Fla. 3d DCA 1982). We note that appellee does not assert that the strip search would have been invalid if he had been formally arrested, for the sale, prior to the search. See generally Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447…

Authorities Cited

Rawlings v. Kentucky, 448 U.S. 98 (U.S. 1980)
Dixon v. State, 343 So. 2d 1345 (Fla. 2d DCA 1977)
Thomas v. State, 395 So. 2d 280 (Fla. 3d DCA 1981)
State v. Goodley, 381 So. 2d 1180 (Fla. 3d DCA 1980)
Mata v. State, 380 So. 2d 1157 (Fla. 3d DCA 1980)
State v. Byham, 394 So. 2d 1142 (Fla. 4th DCA 1981)
State v. Foster, 390 So. 2d 469 (Fla. 3d DCA 1980)

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