Public-domain · open source
OpenJurist

501 So. 2d 170

501 So.2d 170

12 Fla.L.Weekly 369

C.D. v. State

District Court of Appeal of Florida

Decided January 27, 1987

District Court of Appeal of Florida · decided 1987-01-27

Relies on 311 So. 2d 104 - State v. Ecker · 379 So. 2d 643 - Norman v. State · Ibarra v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-01-27

How this case has been cited

Cited by 5 later decisions — most recently December 2013

5 state decisions

201987199020002010decided

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.

View the full empirical analysis of this case →

PER CURIAM.

¶1We reverse an adjudication of delinquency for carrying on or about his person, a concealed weapon, to wit: a knife, finding that the trial court erred in failing to grant the juvenile’s motion to suppress the fruits of an illegal search.

¶2The juvenile was originally arrested for loitering and prowling (a misdemean- or) when there was no evidence that the same took place in the presence of the arresting officers, but to the contrary, allegedly occurred at a time and place removed from the scene of the arrest. Therefore, the arrest was illegal. State v. Ecker, 311 So.2d 104, 111 (Fla.1975); Springfield v. State, 481 So.2d 975 (Fla. 4th DCA 1986); T.L.M. v. State, 371 So.2d 688 (Fla. 1st DCA 1979). A search subsequent to the arrest revealed the knife, which was the basis of the charge herein. As said search was conducted pursuant to an illegal arrest, the fruits thereof are in-admissable and should have been suppressed. Norman v. State, 379 So.2d 643 (Fla.1980); V.S. v. State, 446 So.2d 232 (Fla. 3d DCA 1984).

¶3Reversed with directions to discharge the juvenile.

/501/so2d/170 · .json · Public domain