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Smith v. State

Supreme Court of Florida
May 10, 1984
450 So. 2d 480 (Fla. 1984)

Summary

holding that the State in "demonstrating the veracity of hearsay information relied on for an arrest" need not show "both the credibility of the informant and the reliability of his information"

Summary of this case from City of St. Petersburg v. Austrino

Opinion

No. 63021.

May 10, 1984.

Petition for review from the Circuit Court, Duval County, A.C. Soud, Jr., J.

Frank J. Tassone, Jr., Jacksonville, for petitioner.

Jim Smith, Atty. Gen., and John W. Tiedemann, Asst. Atty. Gen., Tallahassee, for respondent.


We have for review Smith v. State, 422 So.2d 1065 (Fla. 1st DCA 1982), which expressly and directly conflicts with State v. Doherty, 240 So.2d 332 (Fla. 4th DCA 1970). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.

We approve and adopt the opinion of the First District Court of Appeal in Smith v. State. We disapprove State v. Doherty to the extent that it holds that the state, demonstrating the veracity of hearsay information relied on for an arrest, must show both the credibility of the informant and the reliability of his information.

It is so ordered.

ALDERMAN, C.J., and BOYD, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.


Summaries of

Smith v. State

Supreme Court of Florida
May 10, 1984
450 So. 2d 480 (Fla. 1984)

holding that the State in "demonstrating the veracity of hearsay information relied on for an arrest" need not show "both the credibility of the informant and the reliability of his information"

Summary of this case from City of St. Petersburg v. Austrino
Case details for

Smith v. State

Case Details

Full title:MICHAEL RAY SMITH, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:Supreme Court of Florida

Date published: May 10, 1984

Citations

450 So. 2d 480 (Fla. 1984)

Citing Cases

City of St. Petersburg v. Austrino

As the majority also acknowledges, probable cause determinations may properly be based on hearsay. See Draper…