C.D., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1987-01-27
No. 84-2759
Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.
501 So. 2d 170 Florida District Court of Appeal, Third District (1987) Positive Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse an adjudication of delinquency for carrying on or about his person, a concealed weapon, to wit: a knife, finding that the trial court erred in failing to grant the juvenile’s motion to suppress the fruits of an illegal search.

The juvenile was originally arrested for loitering and prowling (a misdemean-or) when there was no evidence that the same took place in the presence of the arresting officers, but to the contrary, allegedly occurred at a time and place removed from the scene of the arrest. Therefore, the arrest was illegal. State v. Ecker, 311 So. 2d 104, 111 (Fla.1975); Springfield v. State, 481 So. 2d 975 (Fla. 4th DCA 1986); T.L.M. v. State, 371 So. 2d 688 (Fla. 1st DCA 1979). A search subsequent to the arrest revealed the knife, which was the basis of the charge herein. As said search was conducted pursuant to an illegal arrest, the fruits thereof are in-admissable and should have been suppressed. Norman v. State, 379 So. 2d 643 (Fla.1980); V.S. v. State, 446 So. 2d 232 (Fla. 3d DCA 1984).

Reversed with directions to discharge the juvenile.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Carter v. State, 516 So. 2d 312 (Fla. 3d DCA 1987)
    …sidents, they could not rely on those acts to decide that they had probable cause to arrest Carter. Towne v. State, 495 So. 2d 895, 898 (Fla. 1st DCA 1986), review denied, 504 So. 2d 768 (Fla.1987); Springfield, 481 So. 2d at 978; see C.D. v. State, 501 So. 2d 170 (Fla. 3d DCA 1987); T.L.M., 371 So. 2d at 688; § 901.15(1), Fla.Stat. (1983). Consequently, the officers lacked probable cause to arrest Carter for loitering and prowling. The evidence the officers obtained from Carter and the statements made by him…
  • In re Est. OF Lydia M. Snyder, 562 So. 2d 403 (Fla. 4th DCA 1990)
    …his discretion in dismissing the amended petition. If a defendant files an untimely answer before a default is entered, the entry of the default is avoided. Haitian Community Flamingo Auto Parts Corp. v. Landmark First Nat’l Bank of Fort Lauderdale, 501 So. 2d 170 (Fla. 4th DCA 1987). We hold that the same should apply to this case scenario. Appellant filed his untimely amended petition before the hearing on appellee’s motion for entry of final judgment. The filed amended petition should have avoided the entr…
  • Thompson v. Hancock Bank, 158 So. 3d 613 (Fla. 5th DCA 2013)
    …nt’s answer is served prior to entry of default even where it is not filed within the time granted by the trial court upon the denial of a motion to dismiss. See Haitian Cmty. Flamingo Auto Parts Corp. v. Landmark First Nat’l Bank of Ft. Lauderdale, 501 So. 2d 170, 171 (Fla. 4th DCA 1987) (where trial court denied defendant’s motion to dismiss and granted defendant ten .days to file answer, trial court erred in subsequently entering default where answer was filed after the expiration of the ten-day time perio…

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