THE STATE OF FLORIDA, PETITIONER,
v.
RONALD OSTROW, RESPONDENT
SCHWARTZ, Chief Judge.
The county court dismissed a DUI charge because the defendant’s warrant-less arrest by a back-up officer was found unlawful. The affirmance of that dismissal by the circuit court plainly departed from the essential requirements of the law, both because (a) even an unlawful arrest does not justify outright dismissal of the underlying charge, State v. E.T., 560 So. 2d 1282 (Fla. 3d DCA 1990); Darby v. State, 502 So. 2d 1358 (Fla. 5th DCA 1987), review denied, 511 So. 2d 298 (Fla.1987), cert. denied, 484 U.S. 897, 108 S.Ct. 231, 98 L.Ed.2d 190 (1987); Perry v. State, 478 So. 2d 494 (Fla. 5th DCA 1985); State v. Spencer, 443 So. 2d 1086 (Fla. 3d DCA 1984); Campbell v. County of Dade, 113 So. 2d 708 (Fla. 3d DCA 1959); 1 W. LaFave, Search & Seizure § 1.9 (2d ed. 1987 & Supp.1991); 21 Am.Jur.2d Criminal Law § 340 (1981); and (b) the arrest in question was in fact validly effected. § 901.18, Fla.Stat. (1989); State v. Eldridge, 565 So. 2d 787 (Fla. 2d DCA 1990), and cases cited.
Accordingly, the judgment under review is quashed and the cause remanded with directions to require the county court to reinstate the prosecution.
Certiorari granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Filoso, 613 So. 2d 69 (Fla. 4th DCA 1993)…ion does not justify dismissal of charges. The court held that the validity of an arrest has no bearing on the guilt or innocence of an accused and is not necessary to the jurisdiction of a court in a criminal case. Id. at 1359. Cf. State v. Ostrow, 579 So. 2d 292 (Fla. 3d DCA 1991); State v. E.T., 560 So. 2d 1282 (Fla. 3d DCA 1990). On remand, we direct that the charges against appellee be reinstated. While the officers may not have complied with the agreement after the initial valid arrest, we see no prej…
Authorities Cited
- Campbell v. Cnty. OF Dade, 113 So. 2d 708 (Fla. 3d DCA 1959)
- State v. Eldridge, 565 So. 2d 787 (Fla. 2d DCA 1990)
- State v. E.T., 560 So. 2d 1282 (Fla. 3d DCA 1990)
- Mirrer v. Inham, 484 U.S. 897 (U.S. 1987)
- State v. Jules Spencer, 443 So. 2d 1086 (Fla. 3d DCA 1984)
- Godfrey Joseph Darby v. State, 502 So. 2d 1358 (Fla. 5th DCA 1987)
- State v. Fasolas, 478 So. 2d 494 (Fla. 5th DCA 1985)
- Perry v. State, 478 So. 2d 494 (Fla. 5th DCA 1985)