City of Miami v. Clarke
| Decision Date | 06 May 1969 |
| Docket Number | No. 69--79,69--79 |
| Citation | 222 So.2d 214 |
| Parties | The CITY OF MIAMI, Petitioner, v. Joseph Edward CLARKE, Respondent. |
| Court | Florida District Court of Appeals |
Alan H. Rothstein, City Atty., and William M. Porter and Robert Clark, Asst. City Attys., for petitioner.
Richard G. Taylor, Miami, for respondent.
Before CHARLES CARROLL, C.J., and PEARSON and BARKDULL, JJ.
The City of Miami has brought here for review by petition for certiorari a judgment of the Circuit Court of the Eleventh Judicial Circuit reversing respondent's conviction in the Municipal Court of the City of Miami. Therefore the question to be determined is whether the circuit court departed from the essential requirements of law in its judgment of reversal. We hold that the circuit court did so depart and quash the judgment of reversal with directions to reinstate the judgment and sentence of the Municipal Court of the City of Miami.
The respondent was arrested for the possession of lottery tickets contrary to § 849.09(1)(h), Fla.State., F.S.A., and Chapter 38, § 50, of the Code of the City of Miami, Dade County, Florida. Respondent entered a plea of not guilty. At trial the arresting officer (a member of the vice squad for approximately ten years) testified that he saw the respondent leave a bar with three persons. The four crossed the street and entered an automobile. The officer saw the respondent, who was sitting in the driver's seat, write something and extend a hand to a man in the back seat; he then saw the man pass money to the respondent. The officer, suspecting that a lottery operation was taking place, went to the car and looked in and saw the respondent writing lottery numbers on a pad. The officer then said: 'Hold it right there', whereupon the respondent tore a page from the pad and threw two pads out of the car window. Respondent was found guilty as charged and sentenced to serve 30 days in the City Jail and to pay a fine of $500 or serve an additional 60 days. The circuit court reversed the judgment of conviction holding:
'* * * this Court finds that the initial arrest and detention of the appellant-defendant in this cause was understandable, nevertheless same fails to comply with the law of the State of Florida, pursuant to Florida Statutes 901.15, et seq. by the admission of the arresting officers.'
Section 901.15(1) provides that a peace officer may without a warrant lawfully arrest a person:
Respondent's brief upon appeal to the circuit court presented two points. The first was that the trial judge, who was the senior municipal court judge, wrongfully...
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Paulson v. State of Florida, Civ. No. 73-126.
...to suppress required a finding that petitioner was actually intoxicated in the presence of the police. See e.g. City of Miami v. Clarke, 222 So.2d 214 (Fla.App.1969). The trial judge must also have found that an emergency existed and that it, rather than a bad faith scheme to obtain petitio......
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...113 L.Ed.2d 302 (1991); Rowe v. Moss, 656 S.W.2d 318 (Mo.Ct.App.1983) (party not entitled to a particular judge); City of Miami v. Clarke, 222 So.2d 214 (Fla.Dist.Ct.App.1969) (defendant not entitled to be tried by a particular judge); Metro. Water Dist. of S. Cal. v. Adams, 19 Cal.2d 463, ......