State v. Braggs

District Court of Appeal of Florida

State v. Braggs

704 So. 2d 1152, 1998 Fla. App. LEXIS 859, 1998 WL 39410

CourtDistrict Court of Appeal of Florida

DecidedFebruary 4, 1998

DocketNo. 97-2001

StatusPublished

This text of 704 So. 2d 1152 (State v. Braggs) 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

State v. Braggs, 704 So. 2d 1152, 1998 Fla. App. LEXIS 859, 1998 WL 39410 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

We reverse the order granting defendant’s motion to suppress. The evidence presented at the hearing demonstrated that the officers were aware that defendant’s probation officer had filed an affidavit of probation violation asserting that defendant had tested positive for both marijuana and cocaine. Based on that knowledge the officers had probable cause to arrest defendant for possession of cocaine, a felony offense, even if the offense did not occur in their presence. Crawford v. State, 334 So.2d 141 (Fla. 3d DCA 1976).

Reversed and remanded for further proceedings consistent herewith.

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PER CURIAM.

We reverse the order granting defendant’s motion to suppress. The evidence presented at the hearing demonstrated that the officers were aware that defendant’s probation officer had filed an affidavit of probation violation asserting that defendant had tested positive for both marijuana and cocaine. Based on that knowledge the officers had probable cause to arrest defendant for possession of cocaine, a felony offense, even if the offense did not occur in their presence. Crawford v. State, 334 So.2d 141 (Fla. 3d DCA 1976).

Reversed and remanded for further proceedings consistent herewith.

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Bluebook (online)

704 So. 2d 1152, 1998 Fla. App. LEXIS 859, 1998 WL 39410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-braggs-fladistctapp-1998.

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