JOSEPH E. FOLSOM AND HIS WIFE ET AL., APPELLANTS,

v.

LAMAR BEAUCHAMP ET AL., APPELLEES

Citator

Cited By

• Phoenix v. State, 455 So. 2d 1024 (Fla. 1984)
  …lor of his office if he announces he is a police officer and displays his badge when making an arrest outside his jurisdiction. State v. Chapman, 376 So. 2d 262 (Fla. 3d DCA 1979), cert. denied, 386 So. 2d 642 (Fla.1980). See also State v. Jimerson, 330 So. 2d 169 (Fla. 4th DCA 1976). However, the majority of the courts have disagreed, holding that the “under color of office” doctrine applies only to prevent law enforcement officials from using the powers of their office to observe unlawful activity or gain a…
• State v. Shipman, 370 So. 2d 1195 (Fla. 4th DCA 1979)
  …ure to obtain a warrant by proving the person arrested was actually guilty of the felony. (Emphasis added; citations omitted) (Id. at 703) See also State v. Williams, 366 So. 2d 135 (Fla. 2d DCA, opinion issued January 10, 1979); State v. Jimerson, 330 So. 2d 169 (Fla. 4th DCA 1976); and State v. Crum, 323 So. 2d 673 (Fla. 3d DCA 1975). However, Puleo’s actions would not be sustainable as those of a private citizen if Puleo was acting “under color of his office” at the time he observed the felonious conduct…
• United States v. Ible, 630 F.2d 389 (5th Cir. 1980)
  …ies. Therefore, the issue becomes whether the Leesburg Police detectives acted “under col- or of office” and obviated the legality of the state arrest at the jobsite. Florida law on this point is not free from ambiguity. Compare, State v. Jimerson, 330 So. 2d 169, 169-70 (Fla. 4th D.C.A. 1976) (Mager, J. dissenting) and State v. Chapman, 376 So. 2d 262, 263 (Fla. 3rd D.C.A. 1979) with McAnnis v. State, 386 So. 2d 1230, 1232 (Fla. 3rd D.C.A. 1980) and State v. Shipman, 370 So. 2d 1195, 1196-97 (Fla. 4th D.C.A…