ELAINE PEPPER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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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.
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.
“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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Join FLexlaw to unlock all legal intelligenceThe 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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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.
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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
- Herring v. State, 121 So. 2d 807 (Fla. 3d DCA 1960)
- Pflegl v. State, 93 So. 2d 75 (Fla. 1957)