Diaz v. State, No. 6096

CourtCourt of Appeal of Florida (US)
Writing for the CourtHOBSON; SHANNON, Acting C. J., and LILES
Citation181 So.2d 351
PartiesSavino DIAZ, Appellant, v. The STATE of Florida, Appellee.
Decision Date15 December 1965
Docket NumberNo. 6096

Page 351

181 So.2d 351
Savino DIAZ, Appellant,
v.
The STATE of Florida, Appellee.
No. 6096.
district Court of Appeal of Florida, Second District.
Dec. 15, 1965.
Rehearing Denied Jan. 13, 1966

G. Richard Christ, Tampa, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Robert G. Stokes, Asst. Atty. Gen., Lakeland, for appellee.

HOBSON, Judge.

This is an appeal by the appellant-defendant from a judgment of guilty for the crime of possession of a narcotic drug, towit: marijuana.

The sole question involved in this appeal is whether it was within the court's province to determine if the arrest of the defendant was legal, thereby making the subsequent search and seizure valid when there was a conflict in the testimony as to whether the arrest resulted from 'fresh pursuit.'

There is no dispute as to the fact that the defendant violated a municipal ordinance in the presence of the arresting officer. However, a conflict of testimony arises between the arresting officer's version of the facts occurring subsequent to the violation of the municipal ordinance and the version of other witnesses. The arresting officer testified that the defendant, after running a stop sign in the City of Tampa, Florida, was continually in his visual presence during the time that he chased the defendant and the defendant entered the White Way Bar where he was subsequently arrested. The conflict arises through the testimony of the defendant's ex-father-in-law, Mr. Acosta, who testified that the arresting officer was in the vicinity of his front yard when the defendant violated the municipal ordinance and that the arresting officer and another officer pursued the defendant and in 'about 10

Page 352

minutes, they came back and they said they had lost him.' The father of the defendant testified that he was in the White Way Bar when his son entered and that it was 15 to 20 minutes after his son entered the White Way Bar that the arresting officers and other law enforcement personnel entered the White Way Bar.

Immediately after the arrest the defendant was searched and a vial containing a substance later identified as marijuana was found on the defendant's person.

The defendant filed a motion to suppress the vial and its contents as evidence against him on the grounds that it resulted from an illegal search and seizure due to the fact that there was an invalid arrest because the arresting officer had lost 'fresh pursuit .' Further, in order for evidence to be...

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9 practice notes
  • Rodriquez v. State, Nos. 65-59
    • United States
    • Court of Appeal of Florida (US)
    • 29 Junio 1966
    ...82 Fla. 355, 91 So. 376; Brown v. State, Fla.1950, 46 So.2d 479; Urso v. State, Fla.App.1961, 134 So.2d 810; Diaz v. State, Fla.App.1965, 181 So.2d 351. The trial court's ruling on the motion to suppress in the instant case comes to this court with a presumption of correctness and, in testi......
  • S.P. v. State, 2D21-631
    • United States
    • Court of Appeal of Florida (US)
    • 7 Enero 2022
    ...review the propriety of an officer's decision to place an individual into protective custody pursuant to that act. Cf. Diaz v. State , 181 So. 2d 351, 353 (Fla. 2d DCA 1965) ("[I]t was entirely within the trial court's province in this particular instance to resolve the disputed question as......
  • State v. McCord, No. 78-2525
    • United States
    • Court of Appeal of Florida (US)
    • 25 Junio 1980
    ...determination as to the validity of a detention which resulted in a subsequent search is a mixed question of law and fact. Diaz v. State, 181 So.2d 351, 353 (Fla.2d DCA 1965). A fact, question or right distinctly adjudged in the original action cannot be disputed in a subsequent action, eve......
  • Trivette v. State, No. 70-716
    • United States
    • Court of Appeal of Florida (US)
    • 17 Febrero 1971
    ...and resolved the conflicts against the appellant. Johnson v. State, 1946, 157 Fla. 685, 27 So.2d 276; Diaz v. State, Fla.App.1965, 181 So.2d 351. Having failed to demonstrate error, the decision appealed from is WALDEN and REED, JJ., concur. ...
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9 cases
  • Rodriquez v. State, Nos. 65-59
    • United States
    • Court of Appeal of Florida (US)
    • 29 Junio 1966
    ...82 Fla. 355, 91 So. 376; Brown v. State, Fla.1950, 46 So.2d 479; Urso v. State, Fla.App.1961, 134 So.2d 810; Diaz v. State, Fla.App.1965, 181 So.2d 351. The trial court's ruling on the motion to suppress in the instant case comes to this court with a presumption of correctness and, in testi......
  • S.P. v. State, 2D21-631
    • United States
    • Court of Appeal of Florida (US)
    • 7 Enero 2022
    ...review the propriety of an officer's decision to place an individual into protective custody pursuant to that act. Cf. Diaz v. State , 181 So. 2d 351, 353 (Fla. 2d DCA 1965) ("[I]t was entirely within the trial court's province in this particular instance to resolve the disputed question as......
  • State v. McCord, No. 78-2525
    • United States
    • Court of Appeal of Florida (US)
    • 25 Junio 1980
    ...determination as to the validity of a detention which resulted in a subsequent search is a mixed question of law and fact. Diaz v. State, 181 So.2d 351, 353 (Fla.2d DCA 1965). A fact, question or right distinctly adjudged in the original action cannot be disputed in a subsequent action, eve......
  • Trivette v. State, No. 70-716
    • United States
    • Court of Appeal of Florida (US)
    • 17 Febrero 1971
    ...and resolved the conflicts against the appellant. Johnson v. State, 1946, 157 Fla. 685, 27 So.2d 276; Diaz v. State, Fla.App.1965, 181 So.2d 351. Having failed to demonstrate error, the decision appealed from is WALDEN and REED, JJ., concur. ...
  • Request a trial to view additional results

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