Jones v. State
| Citation | 123 So.2d 385 |
| Decision Date | 29 September 1960 |
| Docket Number | No. 60-270,60-270 |
| Parties | Ewual James JONES, Petitioner, v. STATE of Florida, County of Dade, Respondents. |
| Court | Court of Appeal of Florida (US) |
Kaplan & Ser, Miami, for petitioner.
Richard E. Gerstein, State Atty., and Eugene Spellman, Asst. State Atty., Miami, for respondents.
The petitioner seeks review by certiorari of a judgment of the Circuit Court of Dade County, affirming the judgment of conviction and sentence of the petitioner by the Metropolitan Court of Dade County.
Petitioner was allegedly arrested without a warrant by a police officer of Metropolitan Dade County and charged with a violation of a traffic ordinance of Dade County. The alleged violation admittedly was not committed in the presence of the arresting police officer.
After two continuances, one by the petitioner and the other by the respondent, the petitioner filed a written motion to suppress evidence on the sole ground that he had been illegally arrested. The respondent noticed the motion to suppress for hearing before the Metropolitan Court at the same time and place as the trial of said cause had been scheduled. At the hearing on the motion to suppress, the Metropolitan Court denied the motion, relying upon the opinion of this court in Campbell v. Dade County, Fla.App.1959, 113 So.2d 708, and particularly the fact that the petitioner was physically present in the courtroom. The record of the proceedings transmitted to this court discloses the presence of the petitioner in the Metropolitan Court at the time of the hearing on the motion to suppress. An oral motion to quash the summons and charges was also made and denied after which the petitioner stood mute. The court entered a plea of not guilty for the petitioner, heard the evidence on the charge, adjudged him guilty and imposed a fine. Upon appeal, the Circuit Court of Dade County affirmed the judgment of conviction and sentence and in so doing, observed that although petitioner's arrest was invalid, nevertheless he had thereafter submitted himself to the jurisdiction of the court. The circuit court further pointed out the misapplication of the Campbell case by the Metropolitan Court as a basis for a denial of the petitioner's motion to suppress, but concluded that since no objection had been made during the course of the trial to any objectionable evidence, the matter was not preserved for appellate review.
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Barton v. State
...over the person of the appellant. Evidence obtained as a result of an illegal arrest is subject to suppression. Jones v. State, 123 So.2d 385 (Fla.App.3rd Dist. 1960). It does not appear from the record that any evidence used at the trial was obtained from appellant prior to his arrest on M......
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Jones v. State
...139 129 So.2d 139 JONES v. STATE et al. Supreme Court of Florida. March 1961. Certiorari denied without opinion. 123 So.2d 385. ...