PAUL COLLINS, APPELLANT,
v.
CITY OF MIAMI, APPELLEE
PER CURIAM.
Affirmed. See Thomas v. Beary, 770 So. 2d 699, 700 (Fla. 5th DCA 2000) (“[U]l-timate guilt or innocence is irrelevant to the right, even the obligation, of the police to make an arrest..If the officers’ investigation reasonably convinces them that a party has committed a felony, this panel will not make the officers liable if facts given by a witness subsequently prove untrue.”); Florida Game & Freshwater Fish Comm’n v. Dockery, 676 So. 2d 471, 474 (Fla. 1st DCA 1996) (“To show probable cause in a false arrest situation, it is not necessary that the arresting officer know facts that would absolutely prove beyond a reasonable doubt the guilt of the person charged; probable cause exists when the circumstances are sufficient to cause a reasonably cautious person to believe that the person accused is guilty of the offense charged.”); State v. Gavin, 594 So. 2d 345, 346 (Fla. 2d DCA 1992) (“Once the witnesses identified the appellee as the man they had seen at the burglarized deli, the police had probable cause to make an arrest.”).
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Am. Hospitality Mgmt. Co. of Minn. v. Hettiger, 904 So. 2d 547 (Fla. 4th DCA 2005)…case we face today. We think this case falls more logically under our own decision in Jordan ex rel. Shealey v. Masters, 821 So. 2d 342, 346 (Fla. 4th DCA 2002), and that of the Third District in Palmas y Bambu, S.A v. E.I. DuPont de Nemours & Co., 881 So. 2d 565 (Fla. 3d DCA 2004). Jordan involved the failure of a party to produce a videotape of an incident, evidence of which had already been presented by audiotape at trial. The court gave an adverse inference instruction whereby the jury could infer the cr…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Game & Freshwater Fish Comm'n & the Dep't of Env't Prot. v. Denzel Dockery, 676 So. 2d 471 (Fla. 1st DCA 1996)
- State v. Gavin, 594 So. 2d 345 (Fla. 2d DCA 1992)
- Smith v. Hartford Cas. Ins. Co., 770 So. 2d 699 (Fla. 4th DCA 2000)
- Thomas v. Beary, 770 So. 2d 699 (Fla. 5th DCA 2000)