Florida District Courts of Appeal, 1982

State v. Emery

Florida District Courts of Appeal · Decided March 24, 1982 · Downey, Glickstein, Hurley

411 So. 2d 341; 1982 Fla. App. LEXIS 19550 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

State v. Gifford (Fla. Dist. Ct. App. 1990)
State v. James (Fla. Dist. Ct. App. 1988)
State v. Powell (Florida Circuit Courts 1984)
Wright v. State (Fla. Dist. Ct. App. 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Defendant Emery was not subjected to a sham or pretextual arrest. Moreover, it is legally certain that the arresting officer had probable cause to arrest the defendant for a misdemeanor1 committed in his presence before he removed certain items protruding from the defendant’s pocket. Consequently, it is irrelevant that the officer did not announce his intent to arrest until after he removed the items. Rawlings v. Kentucky, 448 U.S. 98, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980); Thomas v. State, 395 So.2d 280 (Fla. 3d DCA 1981); State v. Forbes, 353 So.2d 638 (Fla. 3d DCA 1977); Dixon v. State, 343 So.2d 1345 (Fla. 2d DCA 1977).

Accordingly, we reverse the trial court’s order suppressing evidence and remand the cause for further proceedings consistent with this opinion.

DOWNEY, GLICKSTEIN and HURLEY, JJ., concur.

. § 877.03, Fla.Stat. (1979).

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