Trivette v. State, No. 70-716
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | DOWNEY, JAMES C. |
| Citation | 244 So.2d 173 |
| Docket Number | No. 70-716 |
| Decision Date | 17 February 1971 |
| Parties | Charles Lavelle TRIVETTE, Appellant, v. STATE of Florida, Appellee. |
Page 173
v.
STATE of Florida, Appellee.
Page 174
Leonard L. Stafford, Public Defender, and Michael H. Gora, Asst. Public Defender, Fort Lauderdale, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and James M. Adams, Asst. Atty. Gen., West Palm Beach, for appellee.
DOWNEY, JAMES C., Associate Judge.
This is an appeal from a judgment and sentence of the Court of Record of Broward County sentencing appellant to two and one-half years probation as the result of his plea of nolo contendere to an information charging him with possession of marijuana.
It appears that defendant-appellant, age 21, and another young man were walking south on the west side of U.S. Highway #1 in the City of Hollywood, Florida at approximately 1:30 a. m. The area was otherwise deserted. A police officer on routine patrol proceeding north on said highway passed the two boys and as he did so he observed that '* * * they took special notice of me. They both turned and looked at me, and the defendant * * * appeared to be putting something in his right pocket, turning away * * *.' The officer turned his police car around, stopped defendant and his companion and asked for their identification. Defendant furnished his but the companion had none. The officer interrogated them as to their destination and other general matters, though he could not remember the questions verbatim. He testified that defendant 'appeared to be drowsy, sleepy. He didn't answer the questions as if he were in a clear mind. I was shining the flashlight in his eyes and his eyes were dilated. When I asked him questions his mind appeared to wander to other things'. The officer concluded that the defendant was intoxicated and arrested him for public intoxication. On cross-examination the officer testified that defendant was cooperative, showed him his identification, didn't cause any trouble, and nothing was smelled on his breath. Further, on cross-examination it was called to the officer's attention that he didn't mention the fact that defendant and his companion had long hair and wore bell bottoms, and he was asked if that added something to his reason for stopping them. He answered: 'Yes sir. I will tell you something sir: Anyone out at that time of the day, I would stop'. After placing the defendant under arrest for public intoxication, the officer searched him and found what appeared to be marijuana, whereupon he arrested him for possession thereof.
Defendant pled not guilty at his arraignment and filed a motion to suppress the evidence found on his person on the ground that the search was made pursuant to an unlawful arrest. The trial court heard testimony in support of the motion and denied it. Thereafter, defendant changed his plea from not guilty to nolo contendere, specifically noting...
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Ackles v. State, No. 71--323
...right to challenge such order on appeal following a plea of nolo contendere. State v. Ashby, supra, and Trivette v. State, Fla.App.1971, 244 So.2d 173. The pertinent facts are as follows: At 3:00 A.M., a police officer of the City of Fort Lauderdale found Ackles asleep in a car bearing Ohio......
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Owaki v. City of Miami, No. 06-20737-CIV-KING.
...in determining the validity of the arrest itself." Marx v. Gumbinner, 905 F.2d 1503, 1507 (11th Cir.1990); see also Trivette v. State, 244 So.2d 173, 175 (Fla. DCA 1971); Brown v. State, 91 So.2d 175, 177 (Fla.1956). The arrest of Plaintiff under these circumstances was clearly valid, rende......
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Marx v. Gumbinner, No. 89-5594
...charges are dropped against the defendant is of no consequence in determining the validity of the arrest itself. See Trivette v. State, 244 So.2d 173, 175 (Fla.App.1971); Brown v. State, 91 So.2d 175, 177 (Fla.1956); see also Baker v. McCollan, 443 U.S. 137, 145, 99 S.Ct. 2689, 2695, 61 L.E......
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Leu v. City of Mountain Brook, 6 Div. 798
...our society is experiencing, the definition of intoxication has been extended generally to their use also." Trivette v. State, Fla., 244 So.2d 173. An excellent annotation is found in 17 A.L.R.3rd The clear purpose of Section 32-5-170, Code 1975, is to prohibit the operation of motor vehicl......
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Ackles v. State, No. 71--323
...right to challenge such order on appeal following a plea of nolo contendere. State v. Ashby, supra, and Trivette v. State, Fla.App.1971, 244 So.2d 173. The pertinent facts are as follows: At 3:00 A.M., a police officer of the City of Fort Lauderdale found Ackles asleep in a car bearing Ohio......
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Owaki v. City of Miami, No. 06-20737-CIV-KING.
...in determining the validity of the arrest itself." Marx v. Gumbinner, 905 F.2d 1503, 1507 (11th Cir.1990); see also Trivette v. State, 244 So.2d 173, 175 (Fla. DCA 1971); Brown v. State, 91 So.2d 175, 177 (Fla.1956). The arrest of Plaintiff under these circumstances was clearly valid, rende......
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Marx v. Gumbinner, No. 89-5594
...charges are dropped against the defendant is of no consequence in determining the validity of the arrest itself. See Trivette v. State, 244 So.2d 173, 175 (Fla.App.1971); Brown v. State, 91 So.2d 175, 177 (Fla.1956); see also Baker v. McCollan, 443 U.S. 137, 145, 99 S.Ct. 2689, 2695, 61 L.E......
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State v. Knapp, Nos. 73--841
...sufficiently strong in themselves to warrant a cautious man in believing the accused to be guilty. Trivette v. State, Fla.App.3rd, 1971, 244 So.2d 173. The officer need not actually see the law being violated nor must he satisfy himself beyond any question that a felony has been committed. ......