Florence v. State

397 So. 2d 1105
CourtMississippi Supreme Court
DecidedApril 8, 1981
Docket52503
StatusPublished
Cited by7 cases

This text of 397 So. 2d 1105 (Florence v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Florence v. State, 397 So. 2d 1105 (Mich. 1981).

Opinion

397 So.2d 1105 (1981)

Lawrence Ralph FLORENCE
v.
STATE of Mississippi.

No. 52503.

Supreme Court of Mississippi.

April 8, 1981.
Rehearing Denied May 27, 1981.

Gerald J. Diaz, Jr., Vick & Diaz, Jackson, for appellant.

Bill Allain, Atty. Gen., by Frankie Walton White, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before SMITH, LEE and BOWLING, JJ.

LEE, Justice, for the court.

Lawrence Ralph Florence was found guilty of armed robbery by the Circuit Court of the First Judicial District of Hinds County, Honorable William F. Coleman, presiding. The jury was unable to agree upon the punishment and the trial judge sentenced him to thirty-five (35) years with the Mississippi Department of Corrections, five (5) years suspended, and thirty (30) years to serve, with supervised probation for five (5) years. Florence has appealed here and assigns two (2) errors in the trial below.

On June 13, 1979, the branch office of Mississippi Bank located at Highway 80 and J.R. Lynch Street in Jackson was robbed of twenty-five hundred dollars ($2,500) by a man dressed as a woman, wearing a long-sleeve green dress, earrings, carrying a purse, and armed with a pistol. Later that night, Mrs. Derrean Williams saw a television newscast wherein a description was given of the clothes worn by the robber and she recognized them as belonging to her 17-year-old daughter, Gloria Williams. Another of Mrs. Williams' daughters verified that the clothes were not in the closet where they were usually kept, and consequently, Mrs. Williams had her son notify the police. When the police arrived, they *1106 were given the foregoing information and Mrs. Williams showed them a Polaroid photograph of her 17-year-old daughter and appellant. She further told them that the two were staying at the Summers Hotel on West Pearl Street. The officers compared the photograph to a mug shot at the police station and were able to identify appellant. His conviction record indicated that he had been involved in a number of law violations.

Upon arriving at the Summers Hotel, the officers ascertained that appellant was registered in a room under the name of "Joe Winter." They went to that room, knocked, and appellant came to the door. He was asked whether his name was Lawrence Florence and he replied in the negative, stating that he was Joe Winter. The officers, however, easily recognized him as Lawrence Florence. One of the officers looked into the room for Gloria Williams, saw an envelope on the floor in plain view, which, when examined, contained marijuana. The officers then arrested and searched appellant. The search revealed a receipt for purchase of a car in the sum of six hundred ninety-five dollars ($695.00) dated June 13, 1979, a receipt for payment of four hundred fifty dollars ($450.00) to local attorneys for services rendered dated June 13, 1979, and a set of automobile keys. Gloria Williams was found hiding in the bathroom and was also arrested. The individuals were placed in separate patrol cars while one of the officers, Iles, gathered up appellant's belongings and went to the hotel parking lot in search of appellant's automobile. He began to inventory the contents of the vehicle, recording them on an inventory slip carried for that purpose. Iles found a woman's black purse in the trunk of the automobile, which he opened and found to contain six hundred seventy-five dollars ($675.00). It was later identified, by serial numbers, as a part of the stolen money.

When the robber left the bank, one of the female tellers ran to the window, observed him enter a white automobile, and drive away. She noted the tag number, and the automobile was later found abandoned in the parking lot at Metrocenter. The clothing worn by the robber and a pillowcase containing five hundred dollars ($500.00) of the stolen money were found at the Metrocenter in the general proximity of the place where the automobile had been abandoned. The teller identified the vehicle and the clothing and at trial, identified the appellant as the robber. Gloria Williams testified for the State that appellant told her he was going to rob a bank and persuaded her to obtain the female clothes for him.[1]

I.

Did the lower court err in failing to suppress the evidence because of the illegal arrest of appellant?

The appellant contends that the officers did not have probable cause to arrest him. In order to arrest on probable cause without a warrant, it is necessary for the officers to determine (1) that a felony has been committed, and (2) that reasonable grounds exist to suspect and believe that the person to be arrested has committed the felony. Hurst v. State, 240 So.2d 273 (Miss. 1970); Powe v. State, 235 So.2d 920 (Miss. 1970).

In Michigan v. Defillippo, 443 U.S. 31, 99 S.Ct. 2627, 61 L.Ed.2d 343 (1979), the United States Supreme Court held the probable cause which will sustain a warrantless arrest is not required to reach the level of certainty that the person arrested is guilty of the crime. It must be stronger than mere suspicion or belief held by the officers, but various factors may be taken under consideration in order to establish probable cause. The Court defined "probable cause" as follows:

"This Court repeatedly has explained that `probable cause' to justify an arrest means facts and circumstances within the officer's knowledge that are sufficient to warrant a prudent person, or one of reasonable caution, in believing in the circumstances shown, that the suspect has committed, is committing, or is about to commit an offense. See Gerstein v. *1107 Pugh, supra, [420 U.S. 103] at 111, 95 S.Ct. 854 [861], 43 L.Ed.2d 54; Adams v. Williams, supra, [407 U.S. 143] at 148, 92 S.Ct. 1921 [1924], 32 L.Ed.2d 612; Beck v. Ohio, supra, [379 U.S. 89] at 91, 85 S.Ct. 223 [225], 13 L.Ed.2d 142 [3 Ohio Misc. 71, 31 Ohio Ops.2d 80]; Draper v. United States, 358 U.S. 307, 313, 79 S.Ct. 329 [333], 3 L.Ed.2d 327 (1959); Brinegar v. United States, supra, [338 U.S. 160] at 175-176, 69 S.Ct. 1302 [1310-11], 93 L.Ed. 1879; Carroll v. United States, 267 U.S. 132, 162, 45 S.Ct. 280 [288], 69 L.Ed. 543 [39 A.L.R. 790] (1925)." 443 U.S. at 37, 99 S.Ct. at 2632, 61 L.Ed.2d at 349-350.

In Jones v. State, 358 So.2d 414 (Miss. 1978), quoting from McCollum v. State, 197 So.2d 252 (Miss. 1967), we said:

"In McCollum, this Court set out the following statements found in annotation to Draper v. United States, 358 U.S. 307, 79 S.Ct. 329, 3 L.Ed.2d 327, 1736-1739 (1959):
`Probable cause' or `reasonable grounds' justifying an arrest without warrant exists where the facts and circumstances within the arresting officer's knowledge and of which he had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that a narcotics offense has been or is being committed.

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