EZEKIEL DIXON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ezekiel Dixon was convicted of possession and transportation of moonshine whiskey. The Florida District Court of Appeal affirmed his conviction, holding that a state beverage supervisor had proper authority to arrest without a warrant and conduct an incidental vehicle search where the circumstances provided reasonable belief that a felony was being committed in the supervisor's presence.
The warrantless arrest and incidental vehicle search were lawful. The circumstances provided ample justification for a reasonable belief that a felony was being committed in the supervisor's presence, giving him the right and duty to arrest without warrant and search the vehicle incidentally. Additionally, state beverage supervisors are clothed with the power of deputy sheriffs under Florida Statute §561.07.
“The circumstances related were ample to justify a reasonable beliéf oh Starry's'part that- a- felony was being committed in his presence, which, gave him the right, and-imposed upon him the duty to arrest without warrant and search the vehicle as an incident thereto.”
Establishes that the supervisor had sufficient grounds for warrantless arrest and search based on reasonable belief of felony in his presence
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Join FLexlaw to unlock all legal intelligenceA state beverage department district supervisor named Starry discovered 5 gallons of moonshine whiskey hidden in a palmetto clump near Ocala. He set u…
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MURPHREE, JOHN A. H., Associate,’ Judge.
Appellant' was convicted-' of possession' and transportation of' moonshine whiskey.' He seeks reversal on the ground .'that •> the arrest without warrant was illegal hence the search of his automobile, incidental thereto, invalid.
Starry, a district supervisor of the state beverage department, in company with two other supervisors, around, five in the afternoon discovered 5 gallons-' of moonshine whiskey in a burlap bag hidden in a palmetto clump three miles West of Ocala at the end of a dirt road about a quarter mile pff !state highway-tyenty sqyent;. He drove to Ocala fbr"‘radio:'equipment and other assistance. Returning around six P.M., he secreted two of. his,supervisors^ within .sight of, the. bag' of whiskeyana took his stand on the paved highway np^r-by. Around 7:30 he received’ by-rqdio.othe prearranged signal of-,the approach of an automobile. Shortly thereafter he was advised by radio' that-a-- man: had-picked up the bag of whiskey and-was returning to the main highway in a black 1950 Chevrolet. A few minutes later a car of that description entered the main highway from the dirt road.'- Starry: trailed :him;a-:short distance, 'stopped and-arrested the-driver-) and forcibly searched -his yéldele, finding what" appeared to be the-.s’ame bag/pfrnoqn~; shine whiskey. he: had ¡located: earlier, •th^.t; afternoon. Starry had no warrant for the arrest or search. !
The circumstances related were ample to justify a reasonable beliéf oh Starry’s'part that-a- felony was being committed in his presence, which, gave him the right, and-imposed upon him the duty to arrest without warrant and search the vehicle as an incident thereto. It cannot be said that Starry acted on mere suspicion under the facts of this case.
, Appellant also .contends that Starry, as a beverage supervisor, was clothed only with the authority of a private citizen in making the arrest, but Section 561.07, F.S. A., expressly provides “Such supervisors shall have all the power of deputy sheriffs in the enforcement of the beverage laws íjí * »
Affirmed.
WIGGINTON, Acting Chief Judge, and WILLIS, BEN C., Associate Judge, concur.