TERRENCE LEVI SMITH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the arresting officer had probable cause to arrest the appellant based on the plain view discovery of marijuana cigarettes, and the subsequent search incident to that arrest was lawful.
[1] Probable cause to arrest exists when an officer reasonably believes a felony has been or is being committed and reasonably believes the person to be arrested has committe…
[2] Contraband discovered in plain view provides probable cause to arrest the occupants of a vehicle for possession.
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Join FLexlaw to unlock all legal intelligenceAn officer observed marijuana cigarettes in plain view in a car occupied by the appellant and another individual. Based on this observation, the offic…
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KEHOE, Judge.
Appellant, defendant below, brings this appeal, after entering a plea of nolo conten-dere and reserving the point for appeal, from the trial court's denial of his motion to suppress. We affirm.
The sole point raised by appellant on appeal is that the trial court erred in denying his motion to suppress because the arresting officer lacked probable cause to arrest him. As a result of the arrest and the ensuing search of appellant, cocaine was discovered on his person, for which he was convicted for possessing a controlled substance.
The trial court’s reason for ruling on appellant’s motion as it did is shown in the record as follows:
“The Court finds that it is uncontrovert-ed that one of the officers, the first officer that testified, saw both defendants in the front seat of the automobile; that after they got out of the automobile, the second officer came up, arrived, went over to the automobile, looked in it — I don’t think there is any evidence that he stuck his head in to look in it — had an open view on the front seat in the middle of the front seat, in open view where several marijuana cigarettes. Court finds that that was probable cause to arrest both defendants for possession of marijuana, either both jointly or that one was in possession and the other one was an accessory by knowledge beforehand that having arrested them for the possession of the marijuana, that they had probable cause to seach [sic] the defendants when apparently something else was found.”
We agree with the trial court’s reasoning that, under the facts of this case, there was probable cause for the officer to arrest appellant for the possession of marijuana. Having the right to observe and to seize the contraband which was in plain view, the officer also had the right to detain the occupants, including appellant as a passenger, of the vehicle and to investigate the question of which, or if both of the occupants, had committed the offense. The lack of specific knowledge of which of the two potential culprits was last in possession of the marijuana did not require that the officer simply shrug his shoulders and allow the suspects to escape. See Piantadosi v. State, 311 So. 2d 742 (Fla. 3d DCA 1975).
The officer had a clear duty to enforce the criminal laws of this State which proscribe the possession of such contraband. See, e. g., United States v. Allen, 472 F. 2d 145 (5th Cir. 1973); United States v. West, 460 F. 2d 374 (5th Cir. 1972); and Wilson v. Porter, 361 F. 2d 412 (9th Cir. 1966).
Section 901.15, Florida Statutes (1975), provides, among other things, that a peace officer may arrest a person, without a warrant, when:
* * * * * *
“(3) He reasonably believes that a felony has been or is being committed and reasonably believes that the person to be arrested has committed or is committing it.
In construing this and similar statutes, the courts of this State have held that police officers are not only authorized, but it is their duty, to arrest and take into custody without a warrant any person who the officer has reasonable grounds to believe, and does believe, has committed any felony. See, e. g., State v. Outten, 206 So. 2d 392 (Fla.1968); State v. Simmons, 85 So. 2d 879 (Fla.1956); Brown v. State, 46 So. 2d 479 (Fla.1950); Jeffcoat v. State, 103 Fla. 466, 138 So. 385 (1931), and Osborne v. State, 87 Fla. 418, 100 So. 365 (1924).
We note that probable cause to arrest is not to be equated with the standards of eonclusiveness and probability required upon which a conviction must be based. See State v. Outten, 206 So. 2d 392 (Fla.1968).
Arrests are made upon probable cause or a reasonable ground for belief, not proof beyond a reasonable doubt. See Hall v. State, 219 So. 2d 757 (Fla. 3d DCA 1969).
The officer need not actually see the law being violated nor must he satisfy himself beyond any question that a felony has been committed. See Russell v. State, 266 So. 2d 92 (Fla. 3d DCA 1972).
Further, possession of contraband may be both joint as well as constructive. See Estevez v. State, 189 So. 2d 830 (Fla. 2d DCA 1966), and Reynolds v. State, 92 Fla. 1038, 111 So. 285 (1927).
Such concepts are equally applicable to drug cases. See United States v. Saunders, 476 F. 2d 5 (5th Cir. 1973); State v. Eckruth, 238 So. 2d 75 (Fla.1970); Spatero v. State, 179 So. 2d 873 (Fla. 2d DCA 1965), and Annot., 91 A.L.R.2d 810 (1963).
These principles of law and the record in this cause support our opinion that, as the trial court correctly ruled, there was probable cause to arrest appellant for possession of marijuana.
Additionally, we note that the right to search the person of a suspect under arrest, without warrant, is well recognized. See, e. g., Gustafson v. Florida, 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973); United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973); Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969), and § 901.21, Fla.Stat. (1975).
When, as in this case, that search reveals additional contraband, a defendant may be properly charged with and convicted of this violation. Here, pursuant to appellant’s lawful arrest, based on probable cause, a proper search of appellant was made which revealed the cocaine in his possession. For this latter offense, appellant pleaded nolo contendere and was properly convicted, adjudged guilty, and sentenced.
Appellant’s other contention in support of his point on appeal, under the facts of this case, are without merit.
Affirmed.
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State v. Melendez, 392 So. 2d 587 (Fla. 4th DCA 1981)…und, training and experience, we are compelled to conclude that he possessed probable cause to believe that the vehicle contained contraband. Adams v. State, 375 So. 2d 638 (Fla. 1st DCA 1979) cert. denied, 385 So. 2d 754 (Fla.1980); Smith v. State, 363 So. 2d 21 (Fla. 3d DCA 1978); State v. Flores, 305 So. 2d 292 (Fla. 2d DCA 1974) cert. denied, 315 So. 2d 189 (Fla.1975). Thus, the question is whether Officer Leach was justified in entering the vehicle and seizing the two marijuana cigarettes plus the 53 wh…1 / 2
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Captain Ralph C. Tingley v. Brown, 380 So. 2d 1289 (Fla. 1980)…at facts constituting probable cause for arrest “need not meet the standard of conclusiveness and probability required of the circumstantial facts upon which conviction must be based.” State v. Outten, 206 So. 2d 392, 397 (Fla.1968); Smith v. State, 363 So. 2d 21 (Fla. 3d DCA 1978). . Section 370.14(3)(i) provides as follows: Upon posting a $250 bond, payable to the Florida Saltwater Products Promotion Trust Fund and approved by the Division of Law Enforcement, a licenseholder may possess, while on the wat…
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State v. Cote, 547 So. 2d 993 (Fla. 4th DCA 1989)…here as whether, under the circumstances and based on the officer’s knowledge and experience, the police reasonably could have believed that a crime had been, was being, or was about to be committed. Section 901.15 Fla.Stat. (1987); Smith v. State, 363 So. 2d 21 (Fla. 3rd DCA 1978). To view the foregoing facts in the light most favorable to sustaining the trial court’s conclusion would require inferring from all of the defendants activities, as outlined, that there was nothing unusual about their actions w…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (20 total)
- Chimel v. California, 395 U.S. 752 (U.S. 1969)
- United States v. Robinson, 414 U.S. 218 (U.S. 1973)
- Gustafson v. Florida, 414 U.S. 260 (U.S. 1973)
- Spataro v. State, 179 So. 2d 873 (Fla. 2d DCA 1965)
- Wilson v. Porter, 361 F.2d 412 (9th Cir. 1966)
- Reynolds v. State, 111 So. 285 (Fla. 1926)
- Williams v. Barron Roofing Co., 206 So. 2d 392 (Fla. 1968)
- State v. Outten, 206 So. 2d 392 (Fla. 1968)
- Brown v. State, 46 So. 2d 479 (Fla. 1950)
- Elvin E. Jeffcoat v. State, 103 Fla. 466 (Fla. 1931)