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State v. Spencer

District Court of Appeal of Florida, Third District
Jan 24, 1984
443 So. 2d 1086 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-2064.

January 24, 1984.

Appeal from the Circuit Court, Dade County, Howard Gross, J.

Jim Smith, Atty. Gen. and Penny H. Brill, Asst. Atty. Gen., for appellant.

Gregory A. Prebish, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.


The order dismissing the information in this cause is reversed and the cause is remanded to the trial court for further proceedings. The sole basis for the dismissal of the information herein was that the defendant Jules Spencer had been unlawfully arrested by the police without probable cause. Even if this be true, and we express no opinion thereon, the law is well-settled that an indictment or information may not be dismissed by a trial court on the ground that the police unlawfully arrested the defendant based on no probable cause. This being so, we have no alternative but to reverse the order of dismissal under review. Gerstein v. Pugh, 420 U.S. 103, 119, 95 S.Ct. 854, 865, 43 L.Ed.2d 54, 68 (1975); State v. Schroeder, 112 So.2d 257, 261 (Fla. 1959); State v. Colquitt, 411 So.2d 1039 (Fla. 3d DCA 1982); State v. Brooks, 388 So.2d 1291, 1292 (Fla. 3d DCA 1980); State v. Mach, 187 So.2d 918, 922-23 (Fla. 2d DCA 1966).

Reversed and remanded.


Summaries of

State v. Spencer

District Court of Appeal of Florida, Third District
Jan 24, 1984
443 So. 2d 1086 (Fla. Dist. Ct. App. 1984)
Case details for

State v. Spencer

Case Details

Full title:THE STATE OF FLORIDA, APPELLANT, v. JULES SPENCER, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jan 24, 1984

Citations

443 So. 2d 1086 (Fla. Dist. Ct. App. 1984)

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