DAVID MARTIN GREEN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The Florida District Court of Appeal affirmed a conviction for aggravated assault, holding that a warrantless search of the defendant's boat, conducted after his lawful arrest and removal from the vessel, was a reasonable search incident to arrest.
Yes, the search of the boat was incident to the lawful arrest and was not unreasonable.
“no reversible error has been made to appear, and we affirm.”
Establishes the court's decision to affirm the conviction.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA police officer lawfully arrested David Martin Green for aggravated assault while Green was on the deck of his moored boat where he lived. The office…
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On consideration of this appeal from a judgment of conviction of the appellant for the crime of aggravated assault, no reversible error has been made to appear, and we affirm.
Appellant’s sole contention is that the trial court committed error in denying his motion to suppress evidence obtained on a ■search, made without a warrant, which it is claimed was illegal.
A Metropolitan-Dade County police officer made a lawful arrest of appellant for the said offense. When arrested, appellant was on the deck of a moored boat owned by him, and in which he lived. The officer handcuffed the appellant and removed him from the boat to an adj acent dock where he was placed under the guard of another officer.
The arresting officer then returned to the vessel and proceeded to search it, and certain evidence relevant to the crime charged was found thereon.
In the circumstances shown the search of the boat for the fruits and instruments of the crime and for weapons was incidental to the lawful arrest and was not unreasonable. See Longo v. State, 157 Fla. 688, 26 So.2d 818; Brown v. State, Fla.1950, 46 So.2d 479, 481.
The argument of appellant that the search was not incidental to the arrest and was remote because made after the defendant had been removed from the boat to the dock by the arresting officer, is not supported by any cited authority so holding, and in our opinion is lacking in merit.
Affirmed.
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Gustafson v. State, 243 So. 2d 615 (Fla. 4th DCA 1971)…the arrest, but he also has the right to protect himself and to prevent possible escape by searching for weapons. This is normally included with the other circumstances discussed above as “incident” to a lawful arrest. Green v. State, Fla.App.1966, 191 So. 2d 607; 3 Fla. Jur., Arrest § 37; 4 Wharton’s Criminal Law and Procedure § 1538. For the purposes of our discussion here, however, we choose to consider this justification for a search separate and apart from searches incident to an arrest. It is not the…
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Scarpati v. State, 224 So. 2d 335 (Fla. 3d DCA 1969)…, at best, they would be merely harmless error under the following authorities: Albright v. State, Fla.App.1966, 191 So. 2d 65; Williams v. State, Fla.1959, 110 So. 2d 654; Wells v. State, Fla.App. 1967, 203 So. 2d 199; Green v. State, Fla.App.1966, 191 So. 2d 607; Bega v. State, Fla.App.1958, 100 So. 2d 455; Kearson v. State, 123 Fla. 324, 166 So. 832; Kersey v. State, 73 Fla. 832, 74 So. 983; Ward v. State, 75 Fla. 756, 79 So. 699; Morris v. State, 100 Fla. 850, 130 So. 582; § 924.33, Fla.Stat., F.S.A.; Bro…
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Green v. State, 200 So. 2d 811 (Fla. 1967)…Certiorari denied without opinion. 191 So. 2d 607.…
Authorities Cited
- Longo v. State, 157 Fla. 668 (Fla. 1946)
- Brown v. State, 46 So. 2d 479 (Fla. 1950)