Florida District Courts of Appeal, 1985

Kawesch v. State

Kawesch v. State
Florida District Courts of Appeal · Decided May 29, 1985 · Glickstein, Hersey, Walden
469 So. 2d 938; 10 Fla. L. Weekly 1346; 1985 Fla. App. LEXIS 14314 (Southern Reporter, Second Series)

Kawesch v. State

Opinion of the Court

PER CURIAM.

Affirmed on the authority of State v. Shipman, 370 So.2d 1195 (Fla. 4th DCA 1979); see also Phoenix v. State, 455 So.2d *9391024 (Fla. 1984) and State v. McGoey, 399 So.2d 495 (Fla. 3rd DCA 1981).

HERSEY and GLICKSTEIN, JJ., concur. WALDEN, J., dissents with opinion.

Dissenting Opinion

WALDEN, Judge,

dissenting.

I respectfully dissent because, in my opinion, the law enforcement officials, acting outside their jurisdiction, impermissibly used the powers of their office in arresting Mitchell Kawesch. The totality of their actions lead me to this conclusion. The officers participated in a drug deal to include possession, a right not available to a private citizen. One officer used a body bug in arranging for the drug deal and bust, again in violation of statute and contrary to the rights enjoyed by private citizens. Finally, the officers carried and used concealed weapons in making the arrest, a right not available to a person making a citizen’s arrest.

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