DONAT SIMEUS, PETITIONER,
v.
KEVIN RAMBOSK, SHERIFF OF COLLIER COUNTY, AND STATE OF FLORIDA, RESPONDENTS
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Donat Simeus petitioned for a writ of habeas corpus challenging the revocation of his pretrial release and pretrial detention ordered by the trial court. The Florida Second District Court of Appeal granted the petition, holding that the trial court's reliance on an unsworn supplemental police report was legally insufficient to support a probable cause determination that Simeus committed a new offense while on pretrial release.
An unsworn supplemental police report does not provide a sufficient basis for a probable cause determination required under section 903.0471 to revoke pretrial release. The probable cause determination must be based on an affidavit of a police officer, a sworn complaint, sworn deposition testimony, or other testimony under oath properly recorded.
[1] A petition for writ of habeas corpus is the proper procedural vehicle to challenge an order of pretrial detention.
[2] A trial court may revoke pretrial release and order pretrial detention upon finding probable cause that the defendant committed a new crime while on pretrial release.
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Join FLexlaw to unlock all legal intelligence“The probable cause determination required under section 903.0471 is similar to the probable cause determination necessary to support an arrest warrant or to the probable cause determination made at first appearance.”
Establishes the evidentiary standard for probable cause determinations under section 903.0471
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Join FLexlaw to unlock all legal intelligenceSimeus was charged in Collier County with grand theft and possession of an antishoplifting device with bond set at $35,000. While on pretrial release,…
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This court, by prior written order, granted Donat Simeus’s petition for writ of habeas corpus and directed the trial court to vacate the order revoking Simeus’s pretrial release and to enter an order reinstating the original bond. This opinion explains the rationale for that decision.
Simeus was charged in Collier County with grand theft and possession of an an-tishoplifting device, and his bond was set at $35,000.1 The trial court subsequently revoked pretrial release and ordered pretrial detention pursuant to section 903.0471, Florida Statutes (2010), after finding that Simeus had committed a new offense while out on bond. In so doing, the trial court relied solely on a supplemental police report from Palm Beach County that was not sworn to by the authoring officer. In the report, the officer stated that he arrested Simeus on an outstanding warrant for an offense that occurred prior to the commission of the Collier County offenses but that a search incident to arrest revealed that Simeus, a convicted felon, was in possession of a chemical weapon in violation of section 790.234(1), Florida Statutes (2010).
A petition for writ of habeas corpus is the proper vehicle to challenge an order of pretrial detention. State v. Broom, 523 So.2d 639, 641 (Fla. 2d DCA 1988); see also Miller v. State, 980 So.2d 1092 (Fla. 2d DCA 2008); Holmes v. State, 933 So.2d 1205 (Fla. 2d DCA 2006). In the petition, Simeus contends, and we agree, that the unsworn supplemental police report was legally insufficient to support a probable cause determination that he com*4mitted a new offense while on pretrial release.
Pursuant to section 903.0471, the trial court may on its own motion revoke pretrial release and order pretrial detention if it finds probable cause to believe the defendant committed a new crime while on pretrial release. An adversarial hearing is not required. Parker v. State, 843 So.2d 871, 879-80 (Fla.2003). The probable cause determination required under section 903.0471 is similar to the probable cause determination necessary to support an arrest warrant or to the probable cause determination made at first appearance. Perry v. State, 842 So.2d 301, 303 (Fla. 5th DCA 2003). It must be based on an affidavit of a police officer, a sworn complaint, sworn deposition testimony, or other testimony under oath properly recorded. Id. The trial court may revoke pretrial release in one case based on a probable cause affidavit for a subsequently committed offense that was prepared for an arrest warrant or a probable cause determination at first appearance. Id. Such an affidavit may contain hearsay statements made to a police officer by eyewitnesses who observed the alleged crime and identified the defendant. Id.
In the present case, although the supplemental police report indicated that the authoring officer himself observed Simeus committing the new offense, the report was not in the form of an affidavit, and it therefore did not provide a sufficient basis for the required probable cause determination under section 903.0471.
Petition granted.
KELLY and BLACK, JJ., Concur.
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Britney S. Fernald v. Grady C. Judd (Fla. 2d DCA 2021)…ntain a factual description of the alleged violation. Also attached to the capias was a notarized letter from the victim in which he described the contact he allegedly had with Ms. Fernald; however, the letter was unsworn.1 1 See Simeus v. Rambosk, 100 So. 3d 2, 4 (Fla. 2d DCA 2011) ("[A]lthough the supplemental police report indicated that the authoring officer himself observed Simeus committing the new offense, the report was not in the form of an affidavit, and it therefore did not provide a sufficient…
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Yul Medina v. State of Fla. & Scott Israel, 182 So. 3d 843 (Fla. 4th DCA 2016)…s. 907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release.”) (emphasis added); Simeus v. Rambosk, 100 So. 3d 2, 4 (Fla. 2d DCA 2011) (the probable cause determination required under section • 903.0471 is similar to the probable cause determination necessary to support an arrest warrant or to the probable cause determination made at first appearance; it must…
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Obdulio Irizarry, JR. v. State (Fla. 6th DCA 2024)…hese circumstances. Compare Baehren v. State, 962 So. 2d 417, 418 (Fla. 4th DCA 2007) (remanding for evidentiary hearing), with Perry v. State, 842 So. 2d 301, 303 (Fla. 5th DCA 2003) (holding no evidentiary hearing required), and Simeus v. Rambosk, 100 So. 3d 2, 4 (Fla. 2d DCA 2011) (same). Conclusion For the foregoing reasons, Defendant’s petition for writ of habeas corpus is denied. PETITION DENIED. TRAVER, C.J., and GANNAM, J., concur. Lisa M. Figueroa, of the Florida Defense Team, Kissimmee, for Pe…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Broom, 523 So. 2d 639 (Fla. 2d DCA 1988)
- Dayne Miller v. State, 980 So. 2d 1092 (Fla. 2d DCA 2008)
- Cephas v. Mark J. Letzter, M.D., 843 So. 2d 871 (Fla. 2003)
- Perry v. State, 842 So. 2d 301 (Fla. 5th DCA 2003)
- Parker v. State, 843 So. 2d 871 (Fla. 2003)
- Holmes v. State, 933 So. 2d 1205 (Fla. 2d DCA 2006)