HOWARD A. FERRON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This cause is affirmed.
One of the questions in this case is whether a defendant’s consent to search is automatically revoked when he takes to his heels while being questioned by police officers. That identical question was answered in the affirmative by this court in Nease v. State, 484 So. 2d 67 (Fla. 4th DCA 1986).
Notwithstanding, there is no need for reversal here on that point, because the defendant, while running away, committed a battery on a police officer. Needless to say, that battery constituted probable cause for arrest which in turn gave the police probable cause to search the defendant’s bag. See Illinois v. LaFayette, 462 U.S. 640, 103 S.Ct. 2605, 77 L.Ed.2d 65 (1983). In addition, when returned to the scene where the original consent was given, the defendant denied ownership of the bag.
AFFIRMED.
DOWNEY and LETTS, JJ., and HURLEY, DANIEL T.K., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Davis v. State, 497 So. 2d 1344 (Fla. 5th DCA 1986)…ed for either a founded suspicion to further question defendant or probable cause to search defendant, the defendant nonverbally withdrew his consent to search by leaving the scene. See Jacobson v. State, 476 So. 2d 1282 (Fla.1985); Ferron v. State, 489 So. 2d 1213 (Fla. 4th DCA 1986); Nease v. State, 484 So. 2d 67 (Fla. 4th DCA 1986). Because the officers never had more than a hunch that defendant possessed drugs, they had no basis to detain defendant, and once he withdrew his consent to search, the officers…
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Pizzoferrato v. State, 518 So. 2d 992 (Fla. 4th DCA 1988)…PER CURIAM. Affirmed on the authority of Ferron v. State, 489 So. 2d 1213 (Fla. 4th DCA 1986). [*993] ANSTEAD, J., and SALMON, MICHAEL H., Associate Judge, concur. GLICKSTEIN, J., concurs specially with opinion.…
Authorities Cited
- Illinois v. Lafayette, 462 U.S. 640 (U.S. 1983)
- Nease v. State, 484 So. 2d 67 (Fla. 4th DCA 1986)