State v. Jackson, 70--510
| Citation | 240 So.2d 88 |
| Decision Date | 20 October 1970 |
| Docket Number | No. 70--510,70--510 |
| Court | Court of Appeal of Florida (US) |
| Parties | The STATE of Florida, Appellant, v. Bobby Lloyd JACKSON, Appellee. |
Richard E. Gerstein, State Atty., and Milton Robbins, Asst. State Atty., for appellant.
Thomas B. Duff, Miami, for appellee.
Before PEARSON, C.J., and HENDRY and SWANN, JJ.
This appeal by the State of Florida is taken pursuant to § 924.071(1) Fla.Stat., F.S.A., which permits interlocutory appeals by the state from orders granting a defendant's motion to suppress evidence. The order entered by the trial judge set forth full findings of fact as follows:
The trial judge concluded In the cited case the federal court applied the 'fruit of the poisonous tree doctrine.' It held that where police officers had illegally broken into a room and later discovered contraband which had been tossed out of the window because of the illegal entry, the discovery of the contraband was a direct result of the improper initial entry, and therefore could not be used in evidence against the defendant, occupant of the premises illegally entered.
The trial judge in the instant case has found, as a finder of fact, that the police officer did not arrest the defendant until after he had discovered the contraband. Therefore there was no illegal arrest and no unlawful act committed by the officer prior to the evidence being abandoned. The 'fruit of the poisonous tree doctrine' is not applicable since there was no illegal conduct by the officer prior to the arrest. Mitchell v. State, Fla.1952, 60 So.2d 726. The trial judge found and the evidence sustains his...
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Freyre v. State, 77-1267
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State v. Cahill, s. 79-1629
...See Moll v. United States, 413 F.2d 1233 (5th Cir. 1969); Wigfall v. State, 323 So.2d 587 (Fla.3d DCA 1975); State v. Jackson, 240 So.2d 88 (Fla.3d DCA 1970). We consider that issue no further. We note that police may legally carry investigation of a crime in their jurisdiction to other are......