LEE EMERSON MAYBERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Lee Emerson Mayberry was convicted of possessing marijuana, cocaine, and drug paraphernalia. The Florida Second District Court of Appeal affirmed his convictions, holding that his arrest based on a reasonable mistake regarding an outstanding warrant was valid, and therefore the search incident to that arrest was lawful.
The arrest was valid and the search incident thereto was lawful because the officer's mistake in believing Mayberry was the person named in the warrant was reasonable under the circumstances. The invalidity of the warrant itself did not invalidate the arrest or search, as there was no showing of excessive and unacceptable delay in purging the police records of the outstanding warrant.
[1] An arrest is not rendered invalid by a reasonable mistake regarding the identity of the person named in an outstanding warrant.
[2] A search incident to an arrest is not invalidated by the subsequent discovery that the warrant was invalid, provided there was no excessive delay in purging records of th…
Previewing 2 of 3 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“That the officer's belief that defendant was the person named in the warrant turned out to be mistaken does not render the arrest invalid. The mistake was reasonable under the circumstances.”
Establishes the core holding that a reasonable mistake of fact by police does not invalidate an arrest.
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Join FLexlaw to unlock all legal intelligenceA police officer stopped a car driven by another person, in which Mayberry was a passenger, for having a broken headlight. The officer checked the car…
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LEHAN, Acting Chief Judge.
We affirm defendant’s convictions for possession of marijuana, cocaine, and drug paraphernalia. We disagree with his argument that the trial court erred in denying his motion to suppress evidence found during a search after his arrest.
The arrest was on the basis of the arresting officer’s belief that defendant was the subject of an outstanding warrant for attempted murder and robbery. The person named in the warrant was the owner of the car in which defendant was a passenger, as was shown by the car’s registration. After the arresting officer stopped the car by reason of its broken headlight and looked at that registration, defendant and the driver of the car at first told the officer that defendant was the owner of the car. Then defendant additionally lied to the officer about his true identity. That the officer’s belief that defendant was the person named in the warrant turned out to be mistaken does not render the arrest invalid. The mistake was reasonable under the circumstances. See Neal v. State, 456 So. 2d 897 (Fla. 2d DCA 1984). Also, that the warrant turned out to have been invalid inasmuch as the person named therein was already in jail does not invalidate the arrest and the search incident thereto. There was no showing of excessive and unacceptable delay of the police in having failed to purge their records of the outstanding warrant. See Childress v. United States, 381 A. 2d 614, 618 n. 3 (D.C.1977); Commonwealth v. Riley, 284 Pa.Super. 280, 425 A. 2d 813, 816 (1981). Compare Albo v. State, 477 So. 2d 1071 (Fla. 3d DCA 1985); Martin v. State, 424 So. 2d 994 (Fla. 2d DCA 1983).
Affirmed.
THREADGILL and PARKER, JJ., concur.
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State v. White, 660 So. 2d 664 (Fla. 1995)…es J. Carney, Asst. Atty. Gen., West Palm Beach, for petitioner. Stephen D. Fromang, Vero Beach, for respondent. SHAW, Justice. We have for review State v. White, 636 So. 2d 753 (Fla. 4th DCA 1994), based on direct conflict with Mayberry v. State, 561 So. 2d 1201 (Fla. 2d DCA 1990). We have jurisdiction. Art. V, § 3(b)(3). The decision of the court below is approved. The State and David Allen White stipulated to the following facts: (1) The defendant, David Allen White, was operating a motor vehicle on Nov…1 / 2
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State v. White, 636 So. 2d 753 (Fla. 4th DCA 1994)…So. 2d 374 (Fla. 4th DCA 1991), appeal dismissed, 598 So. 2d 78 (Fla.1992); State v. Gifford, 558 So. 2d 444 (Fla. 4th DCA 1990); and Albo v. State, 477 So. 2d 1071 (Fla. 3d DCA 1985). We acknowledge conflict with the decision in Mayberry v. State, 561 So. 2d 1201 (Fla. 2d DCA 1990). DELL, C.J., and ANSTEAD and KLEIN, JJ., concur.…
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Snelling v. State, 591 So. 2d 246 (Fla. 4th DCA 1991)…warrant information may not be relied upon to sustain a warrantless search incident to an otherwise invalid arrest. See Martin v. State, 424 So. 2d 994 (Fla. 2d DCA 1983); Pesci v. State, 420 So. 2d 380 (Fla. 3d DCA 1982). But see Mayberry v. State, 561 So. 2d 1201 (Fla. 2d DCA 1990). However, we consider these cases to be inapposite, as here the defendant was neither stopped nor arrested on the warrant information.2 Rather, the validity of the initial stop is undisputed. This record reflects no unlawful acts…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Martin v. State, 424 So. 2d 994 (Fla. 2d DCA 1983)
- Neal v. State, 456 So. 2d 897 (Fla. 2d DCA 1984)
- G.S. v. State, 477 So. 2d 1071 (Fla. 3d DCA 1985)