State v. Robbins, 78-544
| Decision Date | 31 May 1978 |
| Docket Number | No. 78-544,78-544 |
| Citation | 359 So.2d 39 |
| Parties | STATE of Florida, Petitioner, v. Terry W. ROBBINS, Respondent. |
| Court | Florida District Court of Appeals |
Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie King, Asst. Atty. Gen., Tampa, and Larry Hart, Asst. State Atty., Clearwater, for petitioner.
Charles J. Morachnick, Seminole, for respondent.
The State petitions for certiorari to review the circuit court's affirmance of the speedy trial discharge granted respondent by the county court. Respondent's discharge was predicated upon the court's conclusion that the speedy trial period began to run when respondent was originally detained, although he was released shortly thereafter with no formal charge being lodged against him at that time. Because we conclude that this analysis was incorrect, we grant the writ.
Respondent was charged by information filed August 3, 1977 with the misdemeanor of fleeing a police officer on June 1, 1977. On September 14, 1977 he filed his motion for discharge under the speedy trial rule, which was granted.
The pertinent facts of this case are as follows:
Officer David M. Glidden, in uniform, was on routine patrol in a marked police cruiser when he observed respondent's automobile stopped at the end of a dead end street with its motor running and headlights burning at 3:00 a.m. on June 1, 1977. Because the vehicle was in an area where another officer had just received a complaint, Glidden reported the license tag by radio before approaching the car. Officer Glidden found respondent slumped down sideways in the front seat of the car. The officer awakened respondent, asked for identification, and was told by respondent that the CB microphone in respondent's hand was his identification. Glidden had respondent turn off the engine of his vehicle and again inquired as to identification. Respondent, thereupon, started up his vehicle and drove the car into a nearby parking lot of an apartment building. Officer Glidden walked over to respondent's car and again asked for respondent's driver's license. Respondent handed the officer a dollar bill from his wallet and asked if that was enough identification. Patiently, Officer Glidden had respondent turn off his engine and requested identification but, again, received none.
At this juncture, Officer Glidden returned to his police cruiser and radioed for a backup. During this communication, Glidden glanced toward respondent and observed that respondent had once more started his car and this time was driving straight at Officer Glidden, who was standing behind the open door of his cruiser. Glidden jumped into his cruiser and closed the door to prevent respondent from striking him or the door. Respondent's car passed within one foot of the police vehicle, although there was at least thirty feet of right of way for respondent's use.
Officer Glidden pursued respondent with his blue light flashing, again stopped the respondent, drew his weapon and ordered respondent to shut down his engine and to exit the car. Respondent did neither, but rather grabbed for the officer's arm as respondent's car moved forward. Glidden pulled away and was knocked off balance, causing his gun to fire a round through the left rear window of respondent's car. Respondent again drove off. Glidden made another radio transmission concerning the latest turn of events and continued the chase. Respondent's car was stopped sometime thereafter by another pursuing police officer. Glidden then arrived at the scene.
Glidden did not issue a citation or inform respondent that he was under arrest. Neither did the officer who had finally stopped respondent. However, respondent was handcuffed momentarily.
An ambulance was called, as respondent related he had been shot and a small amount of blood was visible on his shoulder. Respondent was taken to a hospital for his alleged injury, however, he was allowed to leave the hospital after examination and treatment. A Detective McReynolds...
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State v. Stuart
...gain a tactical advantage, the Due Process Clause requires dismissal. Marion, 404 U.S. at 325, 92 S.Ct. 455;see also State v. Robbins, 359 So.2d 39, 41 (Fla. 2d DCA 1978) (stating defendant may be entitled to dismissal for denial of due process if prearrest delay actually prejudiced his def......
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State v. Warren, 5D14–1266.
...cause to arrest is not the same as an arrest. See State v. Christian, 442 So.2d 988, 990 (Fla. 2d DCA 1983) (citing State v. Robbins, 359 So.2d 39 (Fla. 2d DCA 1978) ) (determining for speedy trial purposes that it made no difference whether detectives questioning defendant regarding homici......
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Griffin v. State, 62819
...And a person may be "in custody" for purposes of Miranda requirements but not for purposes of the speedy trial rule. State v. Robbins, 359 So.2d 39 (Fla. 2d DCA 1978). In Florida a person is "in custody" for speedy trial purposes when he is "arrested as a result of the conduct or criminal e......
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Dade County v. Hospital Affiliates Intern., Inc., 79-115
...contact with the unconscious Bouldin as he lay on the stretcher . . . (e.s.) Similarly, the second district held in State v. Robbins, 359 So.2d 39, 41 (Fla. 2d DCA 1978), that a person taken to a hospital by the police was not then "in custody" for speedy trial purposes, on the ground Altho......