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Thomas v. State

District Court of Appeal of Florida, Third District
Mar 17, 1981
395 So. 2d 280 (Fla. Dist. Ct. App. 1981)

Summary

holding that the established facts supported a determination of probable cause to arrest defendant for burglary “notwithstanding the officers' mistaken and contrary belief” that probable cause did not exist for that offense

Summary of this case from Hawxhurst v. State

Opinion

No. 79-1037.

March 17, 1981.

Appeal from the Circuit Court, Dade County, Ellen Morphonios Gable, J.

Bennett H. Brummer, Public Defender and Alan R. Dakan, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before HUBBART, C.J., and BASKIN and DANIEL S. PEARSON, JJ.


We affirm Thomas' conviction. The trial court correctly denied Thomas' motion to suppress the fruits of a burglary found during a search of Thomas' person.

The arresting officers believed that the circumstances, at most, justified an arrest for loitering and prowling and, incident to an arrest on that charge, conducted a search of Thomas. Even if, as Thomas suggests, an arrest on that charge was unlawful because the officers immediately upon stopping Thomas gave him Miranda warnings, which arguably inhibited him from dispelling the officers' concern, see Section 856.021, Florida Statutes (1977); State v. Ecker, 311 So.2d 104 (Fla.), cert. denied sub nom., Bell v. Florida, 423 U.S. 1019, 96 S.Ct. 455, 46 L.Ed.2d 391 (1975), there existed, notwithstanding the officers' mistaken and contrary belief, probable cause to arrest Thomas on a charge of burglary. See, e.g., Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970). Where, by objective standards, probable cause to arrest for a certain offense exists, the validity of an arrest does not turn on the fact that an arrest was effected on another charge. Chaney v. State, 237 So.2d 281 (Fla. 4th DCA 1970), cert. denied, 403 U.S. 904, 91 S.Ct. 2205, 29 L.Ed.2d 680 (1971); United States v. Ullrich, 580 F.2d 765 (5th Cir. 1978). Moreover, given the existence of probable cause to arrest Thomas for the offense of burglary, the validity of the search of Thomas is unaffected by the fact that the search preceded his formal arrest on that charge. Rawlings v. Kentucky, 448 U.S. 98, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980); Dixon v. State, 343 So.2d 1345, 1347 n. 3 (Fla. 2d DCA 1977).

AFFIRMED.


Summaries of

Thomas v. State

District Court of Appeal of Florida, Third District
Mar 17, 1981
395 So. 2d 280 (Fla. Dist. Ct. App. 1981)

holding that the established facts supported a determination of probable cause to arrest defendant for burglary “notwithstanding the officers' mistaken and contrary belief” that probable cause did not exist for that offense

Summary of this case from Hawxhurst v. State

upholding Thomas' conviction where he was arrested for loitering and prowling, there was insufficient evidence to establish probable cause for loitering and prowling, but the evidence established probable cause to arrest the defendant for burglary; and finding that "given the existence of probable cause to arrest Thomas for the offense of burglary, the validity of the search of Thomas is unaffected by the fact that the search preceded his formal arrest on that charge"

Summary of this case from Lugo v. State

In Thomas, arresting officers believed that the circumstances at the time of Thomas's arrest justified an arrest for loitering and prowling.

Summary of this case from D.S. v. State

In Thomas, arresting officers believed that the circumstances at the time of Thomas's arrest justified an arrest for loitering and prowling.

Summary of this case from Freeman v. State
Case details for

Thomas v. State

Case Details

Full title:ANDREW THOMAS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 17, 1981

Citations

395 So. 2d 280 (Fla. Dist. Ct. App. 1981)

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