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475 So. 2d 1357

475 So.2d 1357

10 Fla.L.Weekly 2272

McCrea v. State

District Court of Appeal of Florida

Decided October 3, 1985

District Court of Appeal of Florida · decided 1985-10-03

Relies on Hill v. California · 461 So. 2d 109 - Ruffin v. Wainwright · 456 So. 2d 897 - Neal v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-10-03

How this case has been cited

Cited by 5 later decisions — most recently November 2006

4 state decisions

20198519902000decided

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.

¶1This 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.

¶2In 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*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.

¶3The 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).

¶4Accordingly, the search was valid, the evidence was lawfully seized and the trial court’s denial of the motion to suppress is

¶5AFFIRMED.

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