STATE OF FLORIDA, APPELLANT,
v.
ALVIN DEAN, APPELLEE

Fla. 5th DCA | 1988-09-01
No. 88-23
SHARP, C.J., concurs., DANIEL, J., dissents without opinion.
532 So. 2d 712 Florida District Court of Appeal, Fifth District (1988) Negative Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The court reversed an order suppressing evidence, holding that the police had probable cause to arrest and search the appellee based on the totality of the circumstances observed.


Holding

The court held that the police had sufficient probable cause to arrest and search the appellee based on the totality of the circumstances, reversing the suppression of evidence.


Headnotes

[1] Probable cause for arrest or search exists when the totality of the circumstances would warrant a reasonable belief that a person has committed or is committing a felony.

[2] A tip from an informant, when corroborated by independent police observation of suspicious activity, can contribute to probable cause.

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Police observed the appellee in a drug-prone area talking to a known drug dealer, exhibiting evasive behavior, and later, after a third party was arre…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from an order suppressing evidence in a narcotics case. We have jurisdiction under section 924.071(1), Florida Statutes (1985).

The question in this appeal is whether the police had a sufficient legal basis, probable cause, to permit them to arrest, or to search without an antecedent arrest, the appellee. Because we believe the police, officers had knowledge of sufficient facts to warrant both a search and an arrest for possession of cocaine we reverse the order suppressing the evidence.

The controlling case law here is Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 2328, 76 L.Ed.2d 527 (1983) which established the legal principle that the “totality-of-the-circumstances approach is far more consistent with our prior treatment of probable cause than is any rigid demand that specific ‘tests’ be satisfied by every informant’s tip.”

The facts are that two patrolling policemen saw appellee talking to a known drug-dealer in an area described as a drug supermarket at 1:20 in the afternoon. When the officers began approaching the pair appel-lee quickly left and as the officers were talking to the dealer they saw appellee look around the comer of a building and then leave again. Suspicion apparently aroused, the officers went around the neighborhood, one on foot, the other by car, to see what was up. The policeman testified that he thought appellee was probably running from the police for some reason; either he was holding drugs or he was wanted. Ap-pellee was then seen sitting on a porch in the neighborhood with two women. Officer Bell said he asked appellee his name and appellee declined to give it. Bell said he was then considering arresting appellee for “loitering for unlawful purpose” and began to Mirandize him. During the recitation of the Miranda warning appellee interjected by giving his name. At this point one of the women became excited and began yelling. Officer Medvec, the one driving the car, had come to the scene and was assisting in the investigation by keeping an eye on the other persons in the area. When the woman, Carman Sisnett, became excited and began yelling she was also going into her purse with her hand. Med-vec told her to keep her hands out of her purse, which she refused to do. The repeated motions to her purse, the excitation, the yelling and the fact that she was coming between appellee and Officer Bell caused Medvec to grab her purse-diving hand. As he did this he saw a gun in the purse. He seized the purse, arrested Sis-nett for a weapon violation and took her into his control. She then said the .38 calibre pistol belonged to appellee. She also told Medvec that appellee had cocaine in his possession. Carman Sisnett testified at the suppression hearing and corroborated the testimony of Officer Medvec, admitting she told Medvec that appellee was in possession of cocaine. Medvec told Bell about the cocaine, Bell arrested appellee for possession of cocaine. A search of appellee led to the cocaine found on appel-lee’s person.

We cannot agree with the trial judge who concluded that this case is governed by the principles stated in Kearse v. State, 384 So. 2d 272 (Fla. 4th DCA 1980). In Kearse, the defendant was seen leaning into a car occupied by several persons. Upon approach of the deputies, Kearse, who was well-known to the deputies, briskly walked away and thus aroused their suspicions because he would usually acknowledge them. The Fourth District Court of Appeal held, and we agree with the ruling and rationale, that the circumstances in that case did not amount to anything greater than a suspicion and thus did not permit a probable cause search or arrest.

Here, it was agreed by all who testified, including appellee, that even after Officer Bell began talking to him and even after the Miranda warning that appellee was not under arrest and was always free to go. It was not until Carman Sisnett told the police that appellee was in possession of cocaine that the decision to arrest and search was made.

Under all of the facts including the coup de grace, the Sisnett snitching, it is the proper conclusion to hold that the policemen were reasonable in believing that appellee was committing a felony — possession of cocaine. They had sufficient probable cause to arrest for the felony and search his person incident to the arrest. They also had sufficient probable cause and exigent circumstances to conduct a warrantless search.

Order reversed, remanded for further proceedings.

SHARP, C.J., concurs.

DANIEL, J., dissents without opinion.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • State v. Sampson, 616 So. 2d 93 (Fla. 5th DCA 1993)
    …ng or has committed a crime. See State v. Riehl, 504 So. 2d 798 (Fla. 2d DCA), review denied, 513 So. 2d 1063 (Fla. 1987). Statements by another suspect can provide sufficient probable cause for an arrest in certain circumstances. See State v. Dean, 532 So. 2d 712 (Fla. 5th DCA1988), review denied, 542 So. 2d 1333 (Fla.1989) (finding that the police had probable cause to arrest an individual whom the police had just seen talking to a known drug dealer in an area known for drug sales, when a woman arrested for…
  • Donado v. State, 560 So. 2d 1281 (Fla. 3d DCA 1990)
    …es in this ease shows both probable cause for the defendant’s arrest, see Brinegar v. United States, 338 U.S. 160, 175-76, 69 S.Ct. 1302, 1310-11, 93 L.Ed. 1879, 1890 (1949); United States v. Canieso, 470 F. 2d 1224 (2d Cir.1972); cf. State v. Dean, 532 So. 2d 712 (Fla. 5th DCA 1988), rev. denied, 542 So. 2d 1333 (Fla.1989); Sands v. State, 414 So. 2d 611 (Fla. 3d DCA 1982), and a prima facie corpus delicti apart from the defendant’s confession. See Thomas v. State, 531 So. 2d 708, 710 (Fla.1988); State v. Al…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw