State v. Cannon, 74--1441

Citation317 So.2d 103
Decision Date08 August 1975
Docket NumberNo. 74--1441,74--1441
PartiesSTATE of Florida, Appellant, v. Arthur Gene CANNON et al., Appellees.
CourtCourt of Appeal of Florida (US)

Page 103

317 So.2d 103
STATE of Florida, Appellant,
Arthur Gene CANNON et al., Appellees.
No. 74--1441.
District Court of Appeal of Florida, Fourth District.
Aug. 8, 1975.

Abbott M. Herring, State's Atty., and Norman A. Tharp, Asst. State's Atty., Titusville, for appellant.

Daniel S. Ciener, Merritt Island, for appellees-Cannon and Hollingsworth.

Kenneth A. Studstill, Titusville, for appellee-Miller.

OWEN, Judge.

The State contends, and we think correctly so, that the trial court erred in granting appellees' motions to suppress certain tangible evidence seized by the arresting afficers at the time of the arrest.

Two officers of the Brevard County Sheriff's Department received information at midnight from the reliable confidential informant that one Charles Miller (whom the police officers knew to be widely reputed as a heroin dealer in Brevard County) had just sold the informant twenty-five dollars worth of heroin, and that Miller had left his residence promising to return at 6 a.m. with an additional amount of heroin. The informant also stated that Miller would be riding in a late model car.

The officers set up surveillance of the residence. A few minutes after 6 a.m. a late model car arrived occupied by Charles Miller, whom one of the officers recognized. The officers approached the car. In plain view between the legs of the passenger on the front seat was a cellophane bag containing a brown powdery substance which one of the officers recognized as a type of heroin known as 'Brown Mexican Mud'. Miller and the two passengers, the appellees herein, were placed under arrest. After removing all three from the car, the vehicle was searched and an additional quantity of heroin was discovered under the seat and the glove compartment.

The orders granting the motions to suppress reflect that they were granted solely because the court felt that since the officers had sufficient time, between midnight and 6 a.m. the following morning, to have obtained either an arrest warrant or a

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search warrant, the officers' failure in this respect made the search illegal. In so holding the trial court erred.

Appellees' arrest without a warrant was lawful under the provisions of Fla.Stat. § 901.15(3) (1973), probable cause having been shown on the basis of the tip from the reliable confidential informant Corroborated by the officers' personal observations made immediately preceding the arrest. Draper v. United States, 358 U.S. 307, 79 S.Ct....

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1 cases
  • Gunn v. State, 75--1416
    • United States
    • Court of Appeal of Florida (US)
    • August 27, 1976 is erroneous. Falcon v. State, 226 So.2d 399 (Fla.1969). See also State v. Rameriz, 284 So.2d 241 (Fla.4th DCA 1973); State v. Cannon, 317 So.2d 103 (Fla.4th DCA 1975). Defendant's first contention is without Next defendant contends that even if his arrest was valid the inventory search ......

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