ELAINE PEPPER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1967-10-10
No. 66-977
Before PEARSON, HENDRY and SWANN, JJ.
203 So. 2d 350 Florida District Court of Appeal, Third District (1967) Positive Treatment
Cited by 13 cases

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Synopsis

The appellate court affirmed convictions for marijuana possession and sale, holding that the evidence obtained during the arrest was admissible because the arrest was based on probable cause and not a ruse to obtain evidence.


Holding

The evidence obtained at the time of the arrest was admissible. The court found that the arrest was not a ruse and was based on sufficient probable cause.


Key Quotes

“The main point urged is that the court erred in admitting evidence obtained at the time of the arrest.”

Identifies the central legal issue on appeal.

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Facts & Procedural History

The appellant was convicted of unlawful possession of marijuana on two occasions and unlawful possession and sale of marijuana on a third occasion. Th…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is from two separate convictions for unlawful possession of marijuana and one conviction for unlawful possession and sale of marijuana. The main point urged is that the court erred in admitting evidence obtained at the time of the arrest. This point, if effective, would effect the conviction in the Criminal Court of Record, Case No. 66-555, which was for unlawful possession of marijuana on December 29, 1965.

The facts of this case fully support the finding of the trial judge that the arrest was not a ruse in order to secure evidence. The record shows that the action taken by the officers was in their regular course of police work and was based upon sufficient probable cause. See Pflegl v. State, Fla. 1957, 93 So.2d 75; Herring v. State, Fla. App.1960, 121 So.2d 807.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Esberger v. First Fla. Bus. Consultants, Inc., 338 So. 2d 561 (Fla. 2d DCA 1976)
    …activities conducted in the state and that the defendant is either a resident of a foreign state or country, a resident of Florida who subsequently becomes a nonresident, ór a resident of Florida who conceals his whereabouts. See O’Connell v. Loach, 203 So. 2d 350 (Fla. 2d DCA 1967), Section 48.181, Florida Statutes. The complaint filed by appellee is silent as to the residence of appellant and does not adequately allege that the cause of action arose from business activities conducted within this state. Acc…
  • A. B. L. Realty Corp. v. Cohl, 384 So. 2d 1351 (Fla. 4th DCA 1980)
    …v. Feinberg, 257 So. 2d 299 (Fla. 1st DCA 1972), which contained allegations of a business venture to purchase and lease a Florida motel, was found to be directly controlled by the hold [*1355] ing in Weber, supra. So, too, with O’Connell v. Loach, 203 So. 2d 350 (Fla. 2d DCA 1967), where the out-of-state owners’ purchase and sale of multiple residential building sites was deemed sufficient business activity to subject them to long-arm jurisdiction. The court in Wm. E. Strasser Constr. Corp. v. Linn, 97 So.…
  • Woods v. Jorgensen, 522 So. 2d 935 (Fla. 1st DCA 1988)
    …y desire for an evi-dentiary hearing, and the court below was entitled to decide the jurisdictional issue upon the parties’ pleadings, exhibits, and affidavits. See Aetna Life & Casualty Co. v. Therm-O-Disc Inc., supra; see also, O’Connell v. Loach, 203 So. 2d 350 (Fla. 2d DCA 1967). These documents support the court’s determination that appellee has adequately substantiated, for jurisdictional purposes, the alleged factual predicate upon which jurisdiction is based. Utilization of the corporate structure doe…

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