FRANK JOEL MCCREA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed conviction where officers arrested appellant based on mistaken identity for a person subject to an arrest warrant, holding the arrest valid under good faith mistake doctrine.
An arrest based on mistaken identity is valid when officers have probable cause to arrest the intended person and reasonably and in good faith mistake the arrestee for that person.
[1] An arrest based on mistaken identity is valid when law enforcement officers possess an arrest warrant for the intended person and reasonably and in good faith mistake the…
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Join FLexlaw to unlock all legal intelligence“Under these circumstances the arrest of McCrea, although based on a mistaken identification, was valid.”
Court's holding on validity of arrest based on mistaken identity when officers had arrest warrant for intended person
Law enforcement officers watching a residence for a suspect named Johns, for whom they had an arrest warrant, arrested a man wearing a baseball cap an…
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PER CURIAM.
This is a search and seizure case involving the search of a person arrested as a result of being mistakenly identified as another person for whom the arresting officer had an arrest warrant.
In order to arrest a person named Johns, for whom they had an arrest warrant, law enforcement officers were watching a residence where they believed Johns was living with his girlfriend. A man drove up wear ing a baseball cap and sunglasses. The officers arrested the man and the search incidental to his arrest revealed his possession of a controlled substance. It also revealed that the man was not Johns but the appellant, McCrea. McCrea’s motion to suppress was denied; he was convicted and appeals. We affirm.
The law enforcement officers had an arrest warrant and, hence, probable cause to arrest Johns. There was evidence to support the trial court’s factual finding that the officers reasonably and in good faith mistook McCrea for Johns. Under these circumstances the arrest of McCrea, although based on a mistaken identification, was valid. See Hill v. California, 401 U.S. 797, 91 S.Ct. 1106, 28 L.Ed.2d 484 (1971); Neal v. State, 456 So. 2d 897 (Fla. 2d DCA 1984), review denied, 461 So. 2d 115 (Fla.1985).
Accordingly, the search was valid, the evidence was lawfully seized and the trial court’s denial of the motion to suppress is
AFFIRMED.
COBB, C.J., and UPCHURCH and CO-WART, JJ., concur.
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Boris Melton v. State, 698 So. 2d 1287 (Fla. 5th DCA 1997)…d below. State v. Schmitz, 450 So. 2d 1254 (Fla. 3d DCA 1984). Further, no evidence was presented below to support the state’s assertion on appeal that an arrest warrant, in fact, existed for the person thought to be the driver. Cf. McCrea v. State, 475 So. 2d 1357 (Fla. 5th DCA 1985) (arrest of individual valid, where officer, reasonably and in good faith, mistook person for another that officer had arrest warrant for); Neal v. State, 456 So. 2d 897, 898 (Fla. 2d DCA 1984), rev. denied, 461 So. 2d 115 (Fla.19…
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Jairus Prince v. State, 945 So. 2d 532 (Fla. 4th DCA 2006)…[*533] PER CURIAM. Affirmed. See McCrea v. State, 475 So. 2d 1357 (Fla. 5th DCA 1985); Neal v. State, 456 So. 2d 897 (Fla. 2d DCA 1984). STONE, SHAHOOD and HAZOURI, JJ., concur.…
Authorities Cited
- Hill v. California, 401 U.S. 797 (U.S. 1971)
- Neal v. State, 456 So. 2d 897 (Fla. 2d DCA 1984)