Pearson v. State, 66--83
| Decision Date | 05 October 1966 |
| Docket Number | No. 66--83,66--83 |
| Citation | 190 So.2d 425 |
| Parties | Richard Duncan PEARSON, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Hoffman & St. Jean, Miami Beach, for appellant.
Earl Faircloth, Atty. Gen., and Barry N. Semet, Asst. Atty. Gen., for appellee.
Before PEARSON, CARROLL and BARKDULL, JJ.
Richard Duncan Pearson was informed against, tried in the criminal court of record of Dade County, without a jury, and found guilty of the offense of buying, receiving or aiding in the concealment of stolen property, for which he was sentenced to confinement for five years in the state penitentiary. He has appealed the judgement of conviction contending the trial court committed error in refusing his request that the identity of a confidential informer on whose information his arrest without a warrant came about, be revealed, and contending the trial court committed error in denying his motion to suppress the evidence which became disclosed on search and seizure upon the arrest. We have considered the appellant's contentions in the light of the record and briefs and find them to be without merit. A detailed recitation of the facts and circumstances would serve no useful purpose.
In the circumstances presented, the trial court properly refused the motion to have the identity of the confidential informer revealed. Harrington v. State, Fla.App.1959, 110 So.2d 495. As authorized by § 901.15, Fla.Stat., F.S.A., the arrest without a warrant, and the consequent search which revealed the stolen property in possession and its seizure, were authorized on the basis of the information the arresting officers had received, and which they corroborated prior to arrest. The case of Draper v. United States, 358 U.S. 307, 79 S.Ct. 329, 3 L.Ed.2d 327, is in point, and sustains the arrest and search. See also Dasher v. State, Fla.App.1965, 178 So.2d 61.
Accordingly, the judgment appealed from is affirmed.
Affirmed.
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State v. Zamora
...3d DCA 1980); State v. Katz, 295 So.2d 356 (Fla. 4th DCA 1974); State v. Matney, 236 So.2d 166 (Fla. 1st DCA 1970); Pearson v. State, 190 So.2d 425 (Fla. 3d DCA 1966), cert. denied, 200 So.2d 814 (Fla.1967); Dasher v. State, 178 So.2d 61 (Fla. 3d DCA), cert. denied, 183 So.2d 214 ...
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Pearson v. State, 68--304
...Court to require the State to produce the informer or identify him. In a similar situation the 3rd District Court, in Pearson v. State, Fla.App.1966, 190 So.2d 425, 'In the circumstances presented, the trial court properly refused the motion to have the identity of the confidential informer......
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State v. Martinez, 79-1924
...616 (1967); State v. Katz, 295 So.2d 356 (Fla. 4th DCA 1974); State v. Matney, 236 So.2d 166 (Fla. 1st DCA 1970); Pearson v. State, 190 So.2d 425 (Fla. 3d DCA 1966), cert. denied, 200 So.2d 814 (Fla.1967); Dasher v. State, 178 So.2d 61 (Fla. 3d DCA 1965); F.R.Cr.P. Certiorari is granted and......
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Pearson v. State.
...814 200 So.2d 814 Richard Duncan PEARSON v. STATE. No. 35983. Supreme Court of Florida. Feb. 1967. Certiorari denied without opinion. 190 So.2d 425. ...