FRANCISCO ACOSTA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Arrest cases and more on FLexlaw
PER CURIAM.
The final judgment of conviction and sentence is affirmed upon a holding that: (a) there was probable cause for the defendant’s arrest based on all the facts and circumstances known to the arresting officer, see e.g., State v. Outten, 206 So. 2d 392, 397 (Fla.1968); Skelton v. State, 349 So. 2d 193, 194 (Fla. 3d DCA 1977); (b) the search of the passenger compartment of the car which the defendant was driving was reasonably incident to effecting the arrest of the defendant, see e.g., New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), even though the search preceded the arrest, as the search was conducted at a time when there was probable cause for the arrest, see e.g., Dixon v. State, 343 So. 2d 1345 (Fla. 2d DCA 1977), and (c) the trial court was therefore eminently correct in denying the motion to suppress the fruits of the subject search. See e.g., McNamara v. State, 357 So. 2d 410, 412 (Fla.1978).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Joe Council v. State, 442 So. 2d 1072 (Fla. 3d DCA 1983)…d 674 (Fla. 3d DCA 1979); Skelton v. State, 349 So. 2d 193 (Fla. 3d DCA 1977).1 The warrantless search of [*1073] Council’s person which secured what indeed turned out to have been cocaine was therefore constitutionally permissible. Acosta v. State, 431 So. 2d 715 (Fla. 3d DCA 1983); Dixon v. State, 343 So. 2d 1345 (Fla. 2d DCA 1977). Affirmed. . Like P.L.R., we do not agree with Thompson v. State, 405 So. 2d 501 (Fla. 2d DCA 1981); Carr v. State, 353 So. 2d 958 (Fla. 2d DCA 1978); and Harris v. State, 3…
-
State v. Earnest James, 526 So. 2d 188 (Fla. 3d DCA 1988)…g., Rawlings v. Kentucky, 448 U.S. 98, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980); [*191] McNeil v. State, 512 So. 2d 1062 (Fla. 4th DCA 1987), review denied, 519 So. 2d 987 (Fla.1988); State v. Pringle, 499 So. 2d 75 (Fla. 2d DCA 1986); Acosta v. State, 431 So. 2d 715 (Fla. 3d DCA 1983); State v. Emery, 411 So. 2d 341 (Fla. 4th DCA 1982); State v. King, 405 So. 2d 770 (Fla. 5th DCA 1981); Thomas v. State, 395 So. 2d 280 (Fla. 3d DCA 1981); Dixon v. State, 343 So. 2d 1345, 1347 n. 3 (Fla. 2d DCA 1977). Likewise, t…
-
State v. Joseph, 593 So. 2d 594 (Fla. 3d DCA 1992)…a search is unaffected by the fact that the search occurred before the arrest. T.M. v. State, 570 So. 2d 1129 (Fla. 3d DCA 1990); Baggett v. State, 562 So. 2d 359 (Fla.2d DCA 1990); State v. James, 526 So. 2d 188 (Fla. 3d DCA 1988); Acosta v. State, 431 So. 2d 715 (Fla. 3d DCA 1983); Moreland v. State, 552 So. 2d [*596] 937; review denied, 562 So. 2d 346 (Fla. 2d DCA 1989). We find that in this case there was probable cause to arrest appellee for the sale of cocaine. Accordingly, the pre-ar-rest search and r…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- New York v. Belton, 453 U.S. 454 (U.S. 1981)
- McNAMARA v. State, 357 So. 2d 410 (Fla. 1978)
- Dixon v. State, 343 So. 2d 1345 (Fla. 2d DCA 1977)
- Williams v. Barron Roofing Co., 206 So. 2d 392 (Fla. 1968)
- State v. Outten, 206 So. 2d 392 (Fla. 1968)
- Skelton v. State, 349 So. 2d 193 (Fla. 3d DCA 1977)