Florida District Courts of Appeal, 1988

State v. Bernstein

State v. Bernstein
Florida District Courts of Appeal · Decided July 6, 1988 · Anstead, Glickstein, Gunther
528 So. 2d 462; 13 Fla. L. Weekly 1574; 1988 Fla. App. LEXIS 2786; 1988 WL 67750 (Southern Reporter, Second Series)

State v. Bernstein

Opinion of the Court

PER CURIAM.

We reverse the trial court’s orders, dismissing the charge and suppressing the evidence, on the authority of Phoenix v. State, 455 So.2d 1024 (Fla. 1984), and State v. Hume, 512 So.2d 185 (Fla. 1987) respectively.

GLICKSTEIN and GUNTHER, JJ., concur. ANSTEAD, J., concurs specially with opinion.

Concurring Opinion

ANSTEAD, Judge,

concurring specially.

I agree with the majority that the police officer in question here was not acting sufficiently “under color of office” to vitiate the subsequent arrest and prosecution of appellants for a drug bust set up by the officer outside his jurisdiction but with the cooperation of officers in the jurisdiction where the bust took place. See State v. Shipman, 370 So.2d 1195 (Fla. 4th DCA 1979).

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