STATE OF FLORIDA, APPELLANT,
v.
ROBERT E. GREEN, APPELLEE
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Florida appeals an order suppressing cocaine found on Robert Green during a traffic stop. The court reverses, holding that when circumstances objectively justify a charge of resisting arrest with violence, a search incident to an arrest for resisting without violence is valid regardless of the specific charge filed.
The court held that where circumstances objectively support probable cause to charge resisting arrest with violence, a search incident to arrest is valid even though the officer charged only resisting without violence. The subjective choice of charge by the officer does not invalidate the search when the facts objectively justify the arrest.
[1] A search incident to an arrest for resisting arrest without violence is valid if the circumstances objectively justify a charge of resisting arrest with violence, even if…
[2] The subjective intent of an officer does not invalidate an action taken, provided the circumstances objectively justify the action.
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“the fact that the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer's action does not invalidate the action taken so long as the circumstances, viewed objectively, justify that action”
Establishes the objective reasonableness standard that applies to officer conduct regardless of subjective intent
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDuring a traffic stop, Palatka police observed open beer bottles and blunt cigars in the vehicle and ordered the occupants out. Officers conducted a p…
The full statement of facts, procedural history, and disposition for this case are member content.
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PETERSON, J.
The State of Florida appeals an order suppressing from evidence powder and crack cocaine found on Robert E. Green’s body. We reverse.
Following a traffic stop of a vehicle in which Green was a passenger, a Palatka police officer observed open bottles of beer, several blunt cigars and tobacco scattered throughout the vehicle. The officer ordered the driver and three passengers, including Green, out of the vehicle and directed another officer to perform a “pat down” on Green for weapons and narcotics. When asked about an object in his groin area, Green pushed the officer and attempted to run away but was quickly apprehended with a struggle. Thereafter, the officers searched Green and found in his groin area crack and powder cocaine. Although the apprehending officers sustained injuries in the scuffle, Green was charged only with resisting without violence rather than resisting with violence.
Green contended in his motion to suppress that the drugs were illegally seized because he was only charged with resisting arrest without violence. We agree with the State’s argument that it was irrelevant that the officers only arrested Green for the offense of resisting without violence because the facts viewed objectively supported a charge of resisting arrest with violence. See Whren v. U.S., 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996) (the fact that the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer’s action does not invalidate the action taken so long as the circumstances, viewed objectively, justify that action); State v. Roux, 702 So. 2d 240, 241 (Fla. 5th DCA1997) (justification for the use of force against a law enforcement officer in resisting arrest is never warranted, even if the arrest is illegal). Where there objectively exists probable cause to charge one with the crime of resisting arrest with violence, a search conducted incident to an arrest for resisting without violence is valid even if the officer improperly stopped the subject.
The order suppressing the illicit drugs is reversed and the matter remanded to the trial court.
REVERSED AND REMANDED.
GRIFFIN, C.J., and DAUKSCH, J., concur.
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Citator
Cited By
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Sims v. State, 743 So. 2d 97 (Fla. 1st DCA 1999)…r, 667 So. 2d at 344-45). This is not a case where, before any search took place, • a citizen, when “asked about an object in his groin area, ... pushed the officer and attempted to run away but was ... apprehended with a struggle,” State v. Green, 721 So. 2d 1258, 1259 (Fla. 5th DCA 1998), thereby affording probable cause for arrest and, incident to the arrest, a search of his person. Here the search preceded both arrest and resistance to the arrest, which the jury found was nonviolent. Nonviolent resistance…
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United States v. Williams, 731 F.3d 1222 (11th Cir. 2013)…d attempted to subdue him. Williams’s striking of Officer Delgado gave the law enforcement officers probable cause to arrest him for the state offenses of resisting arrest with violence or battery of a law enforcement officer. See State v. Green, 721 So. 2d 1258, 1259 (Fla. 5th DCA 1998); see also Fla. Stat. §§ 784.03(l)(a); 784.07(2)(b) (defining elements of misdemeanor simple battery, which is a third-degree felony when committed on a law enforcement officer). Because the officers had probable cause to…
Authorities Cited
- Whren v. United States, 517 U.S. 806 (U.S. 1996)
- State v. Roux, 702 So. 2d 240 (Fla. 5th DCA 1997)