State v. Spencer

Decided January 24, 1984

District Court of Appeal of Florida · decided 1984-01-24

Key passage — most relied on by later courts

“an indictment or information may not be dismissed by a trial court on the ground that the police unlawfully arrested the defendant based on no probable cause,”

quoted by 1 later decision, including 560 So. 2d 1282 - State v. ET

Relies on Gerstein v. Pugh · State v. Schroeder · State v. Brooks

Good law ✅— No negative treatment on recordhow we know

Decided 1984-01-24

How this case has been cited

Cited by 6 later decisions — most recently April 2019

5 state decisions

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.

¶1The order dismissing the information in this cause is reversed and the cause is remanded to the trial court for further proceedings. The sole basis for the dismissal of the information herein was that the defendant Jules Spencer had been unlawfully arrested by the police without probable cause. Even if this be true, and we express no opinion thereon, the law is well-settled that an indictment or information may not be dismissed by a trial court on the ground that the police unlawfully arrested the defendant based on no probable cause. This being so, we have no alternative but to reverse the order of dismissal under review. Gerstein v. Pugh, 420 U.S. 103, 119, 95 S.Ct. 854, 865, 43 L.Ed.2d 54, 68 (1975); State v. Schroeder, 112 So.2d 257, 261 (Fla.1959); State v. Colquitt, 411 So.2d 1039 (Fla. 3d DCA 1982); State v. Brooks, 388 So.2d 1291, 1292 (Fla. 3d DCA 1980); State v. Mach, 187 So.2d 918, 922-23 (Fla. 2d DCA 1966).

¶2Reversed and remanded.