Russell v. State, 72--139
| Decision Date | 29 August 1972 |
| Docket Number | No. 72--139,72--139 |
| Parties | Samuel Alfred RUSSELL and Floyd Jameson, Appellants, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Eugene P. Spellman and Denis Dean, Miami, for appellants.
Robert L. Shevin, Atty. Gen., and Arnold R. Ginsberg, Asst. Atty. Gen., for appellee.
Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.
Defendants, Samuel Alfred Russell and Floyd Jameson, seek review of their nonjury convictions and sentences imposed by the court for aiding or assisting in conducting a lottery, possession of lottery implements, devices or paraphernalia and possession of lottery tickets.
The testimony adduced at trial shows that police officers had been conducting a surveillance at a residence in Miami over a long period of time when they were given information from a confidential informant that a man would arrive at the home after midnight on a particular date to pick up lottery tickets. The informant offered no physical description of the man nor any indication how he would arrive at the home. A few minutes past midnight on the designated date, a car carrying the defendants drove up to the house. One man exited the car, entered the house and remained only one minute before he returned to the car carrying a paper bag. As the car carrying the defendants drove off, the officers followed and after driving two miles the defendants' vehicle was stopped, the officers identified themselves and advised the two occupants of the car that they had probable cause to believe they were transporting lottery equipment. The defendants were placed under arrest, the car was searched and lottery tickets, money and envelopes were found. At trial a motion to suppress this evidence was denied and the convictions herein appealed resulted.
Defendants urge two points on appeal. First, that no probable cause existed for the stopping of the vehicle and, second, the evidence was not sufficient upon which to base a conviction.
In consideration of appellants first point we must determine whether the police officers who stopped the defendants and restricted their liberty of movement had probable cause to believe that a crime had been committed. The fact that afterwards contraband was discovered is not enough. An arrest is not justified by what a subsequent search discloses as held in Johnson v. United States, 333 U.S. 10, 68 S.Ct. 367, 92 L.Ed. 436 (1947).
Probable cause for arrest is defined as a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man...
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