JAMES ALFRED HILLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES ALFRED HILLS, APPELLANT,
STATE OF FLORIDA, APPELLEE
299 So. 2d 105
Florida District Court of Appeal, Fourth District (1974)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
Affirmed.
OWEN, C. J., and CROSS, J., concur.
Dissent
WALDEN, J.,
dissents with opinion.
I respectfully dissent because I think reversible error occurred as outlined in appellant’s Points I, II and III.
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E.J. Strickland Constr., Inc. v. Dep't OF Agric. & Consumer Servs. OF Fla., 515 So. 2d 1331 (Fla. 5th DCA 1987)…st of a person without probable cause. At common law, neither judicial [*1336] officers nor police officers have an absolute and unqualified immunity from liability for false arrest. Farisk v. Smoot, 58 So. 2d 534 (Fla.1952); Boca Raton v. Coughlin, 299 So. 2d 105 (Fla. 4th DCA 1974). Absent the bar of sovereign immunity, the governmental entity employing the officer is also liable under the doctrine of respondeat superior. See Hargrove v. Town of Cocoa Beach, 96 So. 2d 130 (Fla.1957). Thus, we find nothing i…
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Mailly v. Ken Jenne as Sheriff of Broward Cnty., 867 So. 2d 1250 (Fla. 4th DCA 2004)…est or search was made with probable cause. Events that occur subsequent to the arrest cannot remove the probable cause that existed at the time of the arrest.” Dockery, 676 So. 2d at 474 (citations omitted). For example, in Boca Raton v. Coughlin, 299 So. 2d 105, 107 (Fla. 4th DCA 1974), we observed that the “great weight [*1252] of authority” holds that a valid arrest made by a police officer for an ordinance violation does not subject the officer to liability for false arrest if the ordinance is later “he…
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State v. Stevens, 574 So. 2d 197 (Fla. 1st DCA 1991)…legitimate a warrantless misdemeanor arrest. Towne v. State, 495 So. 2d 895, 898 (Fla. 1st DCA 1986). Moreover, Section 901.15, Florida Statutes, requires such a misdemeanor arrest to occur “immediately or in fresh pursuit.” Boca Raton v. Coughlin, 299 So. 2d 105 (Fla. 4th DCA 1974). We agree with Stevens that there was no probable cause for the arrest. Even if one were to consider all of the information known collectively by the sheriff’s office and the Panama City Police Department at the time Detectives…
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