Florida District Courts of Appeal, 1983

Tukes v. State

Tukes v. State
Florida District Courts of Appeal · Decided July 8, 1983 · Smith, Wentworth, Zehmer
434 So. 2d 39; 1983 Fla. App. LEXIS 20878 (Southern Reporter, Second Series)

Tukes v. State

Opinion of the Court

WENTWORTH, Judge.

Appellant seeks review of his conviction and sentence for the offense of grand theft. We do not address the contention that Fla. *40Const. Art. I, § 12, and Swartz v. State, 316 So.2d 618 (Fla. 1st DCA 1975), cert. denied, 333 So.2d 465 (Fla. 1976), require that an arrest warrant issue only upon a sworn written statement of probable cause. The circumstances of the present case permit a warrantless arrest pursuant to § 901.15(2), Florida Statutes, and any error in the issuance of the arrest warrant would therefore be harmless.

The order appealed is affirmed.

ROBERT P. SMITH, Jr., and ZEHMER, JJ., concur.

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