ROBERT NELSON, JR., AND TONY E. GAINES, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
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Two appellants challenged their felony convictions on grounds that their arrests without warrants and subsequent search and seizure were unlawful, and that their confessions were involuntary. The Florida appellate court affirmed the convictions, finding that both arrests were authorized by statute and applicable law, and that the trial court properly ruled the confessions were voluntary.
The warrantless arrests were lawful: Nelson's arrest was authorized by statute § 901.15, Fla.Stat. because he matched the description of a robbery participant, and Gaines's arrest was lawful based on a valid pick-up notice from another peace officer indicating he was wanted for a felony. The trial court's rulings regarding the search and the voluntariness of the confessions are not disturbed.
“When a municipal police officer receives a pick-up notice from another peace officer of Florida showing that a named person is wanted by the officer sending out the pick-up notice for a crime which is a felony under the laws of Florida * * * then I think that the municipal peace officer receiving the notice has reasonable grounds to believe that a felony has been committed and reasonable grounds to believe that the wanted person committed it, and has authority to arrest the wanted person.”
Establishes the lawful basis for Gaines's warrantless arrest based on a pick-up notice from another officer
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Join FLexlaw to unlock all legal intelligenceNelson was arrested by an officer who had received information about a robbery and a description of a participant's physique, clothing, and bloody con…
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On these combined appeals from felony convictions it is contended on behalf of appellants that the arrests, which were made without a warrant, were unlawful, and that a subsequent search and seizure without a search warrant was unlawful and confessions given were not voluntary.
Appellant Nelson was arrested by an officer who had been informed that a robbery had occurred, and who had a description of a participant as to physique, clothing and bloody condition of clothing. The man arrested substantially fitted the description. The arrest without a warrant was authorized in such case by the statute, § 901.15, Fla.Stat., F.S.A. Gaines was arrested without a warrant by a police officer on the direction of a fellow officer that he was wanted for a robbery. An opinion of the Attorney General (1953-1954 Atty.Gen.Rep. 680) which we approve and find applicable here, states as follows:
“When a municipal police officer receives a pick-up notice from another peace officer of Florida showing that a named person is wanted by the officer sending out the pick-up notice for a crime which is a felony under the laws of Florida * * * then I think that the municipal peace officer receiving the notice has reasonable grounds to believe that a felony has been committed and reasonable grounds to believe that the wanted person committed it, and has authority to arrest the wanted person.”
In the circumstances disclosed in the record the arrest of Gaines without a warrant was not unlawful. See Johnson v. State, Fla.App.1966, 183 So.2d 857; Bryant v. State, Fla.App.1963, 155 So.2d 396. No sufficient ground is disclosed to disturb the ruling of the trial court regarding the subsequent search and holding that the confessions were voluntary, and unlawfully obtained.
No reversible error having been made to appear, the judgments appealed from are affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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State v. Profera, 239 So. 2d 867 (Fla. 4th DCA 1970)…ctual time of arrest, would come to the conclusion that a felony is being, or has been, committed by the person to be arrested. Rogers v. State, 1947, 158 Fla. 790, 30 So. 2d 625; Diaz v. State, Fla.1949, 43 So. 2d 13; Nelson v. State, Fla.App.1966, 188 So. 2d 353. In Jackson v. United States, 1962, 112 U.S.App.D.C. 260, 302 F. 2d 194, it was stated that: “ * * * (P)robable cause is not to be evaluated from a remote vantage point of a library, but rather from the viewpoint of a prudent and cautious police o…
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Carroll v. State, 497 So. 2d 253 (Fla. 3d DCA 1985)…; Salas. See also Routly v. State, 440 So. 2d 1257, 1261 (Fla.1983), cert. denied, 468 U.S. 1220, 104 S.Ct. 3591, 82 L.Ed.2d 888 (1984); Cummings v. State, 378 So. 2d 879 (Fla. 1st DCA 1979), cert. denied, 386 So. 2d 635 (Fla.1980); Nelson v. State, 188 So. 2d 353 [*260] (Fla. 3d DCA 1966).6 It is undisputed that Parmenter, the Miami detective, had probable cause to arrest the defendant when he initiated the communication with the New York authorities. Thus, the present case is distinguishable from those case…
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Thomas v. State, 223 So. 2d 318 (Fla. 1969)…his left arm, and answered the same general physical description as that of the Negro seen walking in the vicinity of the cab. These circumstances unquestionably meet the “reasonable man” test for probable cause. See Nelson v. State, 1966, Fla.App., 188 So. 2d 353; Rogers v. State, 1947, 158 Fla. 582, 30 So. 2d 625. It is also contended that the arrest was illegal because the appellant was not informed of the charge against him at the time he was taken into custody. It was shown that immediately after he was…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bryant v. State, 155 So. 2d 396 (Fla. 2d DCA 1963)
- Norris Eugene Johnson v. State, 183 So. 2d 857 (Fla. 3d DCA 1966)