T.M. v. State, 89-2710

• Decision Date: 11 December 1990
• Docket Number: No. 89-2710,89-2710
• Citation: 570 So.2d 1129
• Parties: 15 Fla. L. Weekly D2969 T.M., a Juvenile, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1129

570 So.2d 1129

15 Fla. L. Weekly D2969

T.M., a Juvenile, Appellant, v. The STATE of Florida, Appellee.

No. 89-2710.

District Court of Appeal of Florida, Third District.

Dec. 11, 1990.

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Jorge Espinosa, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and JORGENSON and COPE, JJ.

PER CURIAM.

The adjudication of delinquency is affirmed upon a determination that the arresting officer had probable cause to arrest T.M. for trespass at the Westview Junior High School. This being true, the officer could lawfully conduct a search incident to the arrest. "The validity of a search of a defendant conducted after probable cause to arrest him has arisen is unaffected by the fact that the search comes before the arrest." State v. James, 526 So.2d 188, 190 (Fla.3d DCA 1988); accord State v. Smith, 529 So.2d 1226 (Fla.3d DCA 1988); Acosta v. State, 431 So.2d 715 (Fla.3d DCA 1983).

Affirmed.