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315 So. 2d 534

Brown v. State

District Court of Appeal of Florida · decided 1975-07-22

Relies on Nelson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1975-07-22

How this case has been cited

Cited by 3 later decisions — most recently June 1995

3 state decisions

10197519801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Amos Brown appeals his conviction and sentence following his pleas of nolo con-tendere to the charges of breaking and entering a dwelling with the intent to commit a felony and petit larceny. Brown changed his pleas of not guilty to nolo con-tendere with the stipulation by the State that he reserved the right to appeal the trial court’s denial of his pretrial motion to suppress.

¶2Brown’s conviction stems from a robbery of the home of Morrell, which crime Brown admits by his pleas having committed. Morrell, after seeing Brown enter her home and take certain valuables, called the police and gave a description of the man she saw commit the robbery. Some few minutes later and about two blocks from the Morrell home, Brown, pursuant to such report was stopped by a police officer who had been informed by police radio that the robbery had occurred and who had a description of the participant as to physique, appearance and clothing. Brown, after being given his Miranda rights, voluntarily went to the Morrell home with the officer. Morrell there made positive identification of Brown whereupon he was placed under arrest- and then searched without warrant, which search produced property belonging to Morrell. Brown contends that the description given by Morrell to the police which led to his warrantless arrest and subsequent search and seizure was not in all respects the same as Brown appeared at the time he was stopped and returned to her home and, therefore, he was stopped without probable cause and his subsequent arrest and search and seizure were unlawful and the motion to suppress should have been granted. We do not agree.

¶3The facts disclosed in the record show there was probable cause to stop, detain and question Brown. § 901.151, Fla.Stat. After positive identification there was probable cause to arrest him and a subsequent search and seizure incident to the arrest without warrant was lawful. See Nelson v. State, Fla.App.1966, 188 So.2d 353.

¶4The conviction and sentence are affirmed.

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