McCrea v. State

District Court of Appeal of Florida

McCrea v. State

475 So. 2d 1357, 10 Fla. L. Weekly 2272, 1985 Fla. App. LEXIS 16130

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 1985

DocketNo. 84-1813

StatusPublished

Cited by6 cases

This text of 475 So. 2d 1357 (McCrea v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCrea v. State, 475 So. 2d 1357, 10 Fla. L. Weekly 2272, 1985 Fla. App. LEXIS 16130 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

This is a search and seizure case involving the search of a person arrested as a result of being mistakenly identified as another person for whom the arresting officer had an arrest warrant.

In order to arrest a person named Johns, for whom they had an arrest warrant, law enforcement officers were watching a residence where they believed Johns was living with his girlfriend. A man drove up wear[1358]*1358ing a baseball cap and sunglasses. The officers arrested the man and the search incidental to his arrest revealed his possession of a controlled substance. It also revealed that the man was not Johns but the appellant, McCrea. McCrea’s motion to suppress was denied; he was convicted and appeals. We affirm.

The law enforcement officers had an arrest warrant and, hence, probable cause to arrest Johns. There was evidence to support the trial court’s factual finding that the officers reasonably and in good faith mistook McCrea for Johns. Under these circumstances the arrest of McCrea, although based on a mistaken identification, was valid. See Hill v. California, 401 U.S. 797, 91 S.Ct. 1106, 28 L.Ed.2d 484 (1971); Neal v. State, 456 So.2d 897 (Fla. 2d DCA 1984), review denied, 461 So.2d 115 (Fla.1985).

Accordingly, the search was valid, the evidence was lawfully seized and the trial court’s denial of the motion to suppress is

AFFIRMED.

COBB, C.J., and UPCHURCH and CO-WART, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is a search and seizure case involving the search of a person arrested as a result of being mistakenly identified as another person for whom the arresting officer had an arrest warrant.

In order to arrest a person named Johns, for whom they had an arrest warrant, law enforcement officers were watching a residence where they believed Johns was living with his girlfriend. A man drove up wear[1358]*1358ing a baseball cap and sunglasses. The officers arrested the man and the search incidental to his arrest revealed his possession of a controlled substance. It also revealed that the man was not Johns but the appellant, McCrea. McCrea’s motion to suppress was denied; he was convicted and appeals. We affirm.

The law enforcement officers had an arrest warrant and, hence, probable cause to arrest Johns. There was evidence to support the trial court’s factual finding that the officers reasonably and in good faith mistook McCrea for Johns. Under these circumstances the arrest of McCrea, although based on a mistaken identification, was valid. See Hill v. California, 401 U.S. 797, 91 S.Ct. 1106, 28 L.Ed.2d 484 (1971); Neal v. State, 456 So.2d 897 (Fla. 2d DCA 1984), review denied, 461 So.2d 115 (Fla.1985).

Accordingly, the search was valid, the evidence was lawfully seized and the trial court’s denial of the motion to suppress is

AFFIRMED.

COBB, C.J., and UPCHURCH and CO-WART, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

475 So. 2d 1357, 10 Fla. L. Weekly 2272, 1985 Fla. App. LEXIS 16130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccrea-v-state-fladistctapp-1985.

Opinion

Related

Cite This Page — Counsel Stack