Ferron v. State, 489 So. 2d 1213 (Fla. 4th DCA 1986). · Go Syfert
Ferron v. State, 489 So. 2d 1213 (Fla. 4th DCA 1986). Cases Citing This Book View Copy Cite
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Howard A. FERRON
v.
STATE of Florida
No. 84-2611.
District Court of Appeal of Florida, Fourth District.
Jun 11, 1986.
Published opinion
489 So. 2d 1213
1986 Fla. App. LEXIS 11509
Patrick C. Rastatter of Glass, Rastatter & Tarlowe, P.A., Fort Lauderdale, for appellant., Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee.
Daniel, Downey, Hurley, Letts.
Cited by 2 opinions  |  Published
PER CURIAM.

This cause is affirmed.

One of the questions in this case is whether a defendant’s consent to search is automatically revoked when he takes to his heels while being questioned by police officers. That identical question was answered in the affirmative by this court in Nease v. State, 484 So.2d 67 (Fla. 4th DCA 1986).

Notwithstanding, there is no need for reversal here on that point, because the defendant, while running away, committed a battery on a police officer. Needless to say, that battery constituted probable cause for arrest which in turn gave the police probable cause to search the defendant’s bag. See Illinois v. LaFayette, 462 U.S. 640, 103 S.Ct. 2605, 77 L.Ed.2d 65 (1983). In addition, when returned to the scene where the original consent was given, the defendant denied ownership of the bag.

AFFIRMED.

DOWNEY and LETTS, JJ., and HURLEY, DANIEL T.K., Associate Judge, concur.