State v. Yunker (1981)
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· 15 citation events
across 3 courts.
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Markeith Thomas v. State of Florida (2025)
Thus, “an arresting officer must have a substantial reason at the time of a warrantless misdemeanor arrest to believe from his observation and evidence at the point of arrest that the person was then and there committing a misdemeanor in his presence.” State v. Yunker, 402 So. 2d 591, 593 (Fla. 5th DCA 1981).
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Geoffrey Carlo v. State of Florida (2024)
We recently interpreted section 901.15(1) in Jing v. State, 316 So. 3d 724 (Fla. 4th DCA 2021), as follows: To comply with the statute, the “arresting officer must have a substantial reason at the time of [the] warrantless misdemeanor arrest to believe from [the officer’s] observation and evidence at the point of arrest that the person was then 6 and there committing a misdemeanor in [the officer’s] presence.” State v. McCormack, 517 So. 2d 73, 74 (Fla. 3d DCA 1987) (quoting…
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LU JING v. STATE OF FLORIDA (2021)
To comply with the statute, the “arresting officer must have a substantial reason at the time of [the] warrantless misdemeanor arrest to believe from his observation and evidence at the point of arrest that the person was then and there committing a misdemeanor in his presence.” State v. McCormack, 517 So. 2d 73, 74 (Fla. 3d DCA 1987) (quoting State v. Yunker, 402 So. 2d 591, 593 (Fla. 5th DCA 1981)) (emphasis added).
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State v. McCormack (1987)
Thus, "an arresting officer must have a substantial reason at the time of a warrantless misdemeanor arrest to believe from his observation and evidence at the point of arrest that the person was then and there committing a misdemeanor in his presence." State v. Yunker, 402 So.2d 591, 593 (Fla. 5th DCA 1981).
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Melton v. State (1989)
See State v. Yunker, 402 So.2d 591 (Fla. 5th DCA 1981) (held that trespass warning need not occur in presence of arresting officer); State v. McCormack, 517 So.2d 73 (Fla. 3rd DCA 1987) (defendant had more than adequate warning that trespassing was not permitted).
held that trespass warning need not occur in presence of arresting officer
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Steger v. State (2007)
See State v. Yunker, 402 So.2d 591 (Fla. 5th DCA 1981) (holding that in considering the legality of an arrest for trespass, the question is whether the officer had substantial reason to believe a trespass was being committed, not whether one was actually being committed).
holding that in considering the legality of an arrest for trespass, the question is whether the officer had substantial reason to believe a trespass was being committed, not whether one was actually being committed
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Epstein v. Toys-R-Us Delaware, Inc. (2003)
See, e.g., State v. Yunker, 402 So.2d 591 (Fla. 5th DCA 1981).
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State v. Bryant (1984)
See State v. Yunker, 402 So.2d 591 .