CHAD FRANKLAND PETERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the search of the defendant's pockets exceeded the scope of the consent given and the pat-down, rendering the seized evidence inadmissible as fruit of the poisonous tree.
Appellant was convicted of possession of cocaine and marijuana. He appealed the denial of his motion to suppress evidence seized during a search.…
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WOLF, Judge.
Appellant is appealing from a judgment and sentence imposed after he was convicted in a jury trial of possession of cocaine and possession of marijuana. Appellant alleges that the trial court erred in denying his motion to suppress evidence. We reverse the denial of the motion.
The search of defendant’s pockets exceeded the scope of either a pat-down for protection or the consent the officer had received to search the truck.1 See State v. Smith, 632 So. 2d 1086 (Fla. 5th DCA 1994), cert. denied, — U.S. —, 115 S.Ct. 290, 130
L.Ed.2d 205 (1994); Papalas v. State, 645 So. 2d 153 (Fla. 1st DCA 1994); Howard v. State, 645 So. 2d 156 (Fla. 4th DCA 1994). All the evidence was seized as a result of the illegal search and constitutes fruit of the poisonous tree. Rouse v. State, 643 So. 2d 696 (Fla. 1st DCA 1994).
Because this issue is dispositive of this case, we reverse appellant’s conviction and remand with instructions that appellant be discharged.
ERVIN and MINER, JJ., concur. . Additionally, any consent given by the defendant to search the vehicle was clearly withdrawn when he grabbed items from the police officer and drove away. See Jiminez v. State, 643 So. 2d 70 (Fla. 2d DCA 1994).
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Francois v. State, 695 So. 2d 695 (Fla. 1997)…which the district court certified conflict with the opinions in Hughes v. State, 667 So. 2d 910 (Fla. 4th DCA 1996); Fellman v. State, 673 So. 2d 155 (Fla. 5th DCA 1996); Marchessault v. State, 659 So. 2d 1315 (Fla. 4th DCA 1995); Gordon v. State, 649 So. 2d 326 (Fla. 5th DCA 1995); and Kolovrat v. State, 574 So. 2d 294 (Fla. 5th DCA 1991). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We quash Francois. In 1989, Anita Francois pled nolo conten-dere to two counts of public assistance fraud (Aid to F…
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Hughes v. State, 667 So. 2d 910 (Fla. 4th DCA 1996)…om the date probation was imposed to the date of revocation. Marchessault v. State, 669 So. 2d 1315 (Fla. 4th DCA 1995). “Probation is not normally suspended or tolled retroactively unless the probationer absconds from supervision.” Gordon v. State, 649 So. 2d 326 (Fla. 5th DCA 1995) (quoting Kolovrat v. State, 574 So. 2d 294, 297 (Fla. 5th DCA 1991)). Only a valid order of revocation, and not the issuance of an arrest warrant, terminates probation. Watson v. State, 497 So. 2d 1294, 1294 (Fla. 1st DCA 1986).…
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Fellman v. State, 673 So. 2d 155 (Fla. 5th DCA 1996)…al court sentenced him to three years incarceration, with credit for 327 days. That sentence is illegal because the appellant had served the statutory maximum term prior to the filing of the third affidavit. First, as we stated in Gordon v. State, 649 So. 2d 326 (Fla. 5th DCA 1995), appellant was on probation until an order of revocation was entered. Therefore, in calculating the amount of probation served, the time appellant was awaiting resolution of the affidavits of violation must be included. Appellant…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jimenez v. State, 643 So. 2d 70 (Fla. 2d DCA 1994)
- Rouse v. State, 643 So. 2d 696 (Fla. 1st DCA 1994)
- Howard v. State, 645 So. 2d 156 (Fla. 4th DCA 1994)
- State v. Smith, 632 So. 2d 1086 (Fla. 5th DCA 1994)
- Rubens L. Santos and Rejane B.L. Santos v. ST. Ives at Orange Tree Maint. Ass'n, Inc., 645 So. 2d 153 (Fla. 5th DCA 1994)