Tukes v. State

District Court of Appeal of Florida

Tukes v. State

434 So. 2d 39, 1983 Fla. App. LEXIS 20878

CourtDistrict Court of Appeal of Florida

DecidedJuly 8, 1983

DocketNo. AN-189

StatusPublished

This text of 434 So. 2d 39 (Tukes 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.

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Tukes v. State, 434 So. 2d 39, 1983 Fla. App. LEXIS 20878 (Fla. Ct. App. 1983).

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Opinion

WENTWORTH, Judge.

Appellant seeks review of his conviction and sentence for the offense of grand theft. We do not address the contention that Fla. [40]*40Const. Art. I, § 12, and Swartz v. State, 316 So.2d 618 (Fla. 1st DCA 1975), cert. denied, 333 So.2d 465 (Fla.1976), require that an arrest warrant issue only upon a sworn written statement of probable cause. The circumstances of the present case permit a warrantless arrest pursuant to § 901.15(2), Florida Statutes, and any error in the issuance of the arrest warrant would therefore be harmless.

The order appealed is affirmed.

ROBERT P. SMITH, Jr., and ZEHMER, JJ., concur.

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WENTWORTH, Judge.

Appellant seeks review of his conviction and sentence for the offense of grand theft. We do not address the contention that Fla. [40]*40Const. Art. I, § 12, and Swartz v. State, 316 So.2d 618 (Fla. 1st DCA 1975), cert. denied, 333 So.2d 465 (Fla.1976), require that an arrest warrant issue only upon a sworn written statement of probable cause. The circumstances of the present case permit a warrantless arrest pursuant to § 901.15(2), Florida Statutes, and any error in the issuance of the arrest warrant would therefore be harmless.

The order appealed is affirmed.

ROBERT P. SMITH, Jr., and ZEHMER, JJ., concur.

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434 So. 2d 39, 1983 Fla. App. LEXIS 20878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tukes-v-state-fladistctapp-1983.

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