RICHARD DOLAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that a search of an arrested person at a police station, after proper arrest and booking, is not unlawful if it is not remote in time or place from the arrest.
Appellant was arrested and taken to the police station where his pockets were emptied, revealing evidence. He moved to suppress this evidence.…
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Four informations were filed in Dade County against the appellant Richard Do-lan, each charging him in three counts with forgery, uttering a forged instrument, and unlawful use of credit card. He was tried and convicted thereon, and received concurrent one-year sentences, and has appealed.
Appellant was arrested on a warrant. The arrest was made in the city of Miami by Miami Beach police detectives. He was frisked for weapons when apprehended, and was then taken to the Miami Beach Police Station where he was required to empty his pockets. He produced certain papers, including a credit card.
The point presented on this appeal is whether the trial court was in error in denying a motion to suppress evidence thus obtained. The precise question is whether after a person is properly arrested and is taken to a police station where he is booked, a search of his person at the police station, without having first obtained a search warrant is an unlawful search, that is, a search which is remote in time and place so as to preclude admission at trial of evidence thus disclosed which is material to the charge against the person arrested.
In our view the search was not unlawful, and the trial court was eminently correct in rejecting the motion to suppress. Certain federal cases relied on by the appellant are not controlling, being distinguishable on the facts. The apprehension and delivery of the defendant to the police station for detention was all a part of the arresting process. The search was not remote as to time or place with respect to the arrest. A second search of an arrested party, in the course of arresting and securing him, is not in violation of law. See Brown v. State, Fla.1950, 46 So.2d 479, 481; Nixon v. State, Fla.App.1965, 178 So.2d 620, 622.
No reversible error having been made to appear, the judgments appealed from are affirmed.
Affirmed.
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State v. Bell, 382 So. 2d 119 (Fla. 3d DCA 1980)…State, 323 So. 2d 587 (Fla. 3d DCA 1975). Based on a valid arrest, a search of his person was lawful. § 901.21, Fla.Stat. (1979). Contraband seized from a search of his person at police headquarters is clearly admissible in evidence. Dolan v. State, 185 So. 2d 185 (Fla. 3d DCA 1966). Reversed and remanded for further proceedings.…
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AVIS v. State, 221 So. 2d 235 (Fla. 1st DCA 1969)…o consider the retrieval of this evidence as being pursuant to a search, said, search at worst was only a second search not so remote in time or place with respect to the arrest and thus permissible under the decision of the court in Dolan v. State, 185 So. 2d 185 (Fla.App.3d 1966). Accordingly, we hold that the alleged error assigned under this point has not been made to appear. The third question raised for our consideration is the legality of testimony adduced at the trial over appellants’ objection which…
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Lowe v. State, 191 So. 2d 303 (Fla. 3d DCA 1966)…iscovered in and about the automobile. We conclude that the search of the trunk in this case was made incidental to the arrest, and was not too remote in time or place. See Crawford v. Bannan, 6 Cir.1964, 336 F. 2d 505; Dolan v. State, Fla.App.1966, 185 So. 2d 185. A second search of an arrested party made as an incident to a lawful arrest has also been held proper. Dolan v. State, supra; Nixon v. State, Fla.App.1965, 178 So. 2d 620. For the reasons stated, the judgment of the lower court is therefore Affir…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brown v. State, 46 So. 2d 479 (Fla. 1950)
- Nixon v. State, 178 So. 2d 620 (Fla. 3d DCA 1965)