Florida/Georgia Personal Injury & Workers Compensation

...It was also held to be a reasonable search, properly incident to the arrest, and the use of evidence discovered was held to be proper in Farmer v. State, supra , where marijuana was found in a match box after an arrest for public drunkenness. [5] Fla. Stat. § 901.21, F.S.A....

...`patting down' the suspect." Further on, the opinion would limit custodial search "to weapons and instrumentalities for escape." This is contrary not only to all Florida authorities as cited above but actually would be in derogation of the statute, section 901.21....

...ch fell in the plain view of the arresting officer who had a right to be in the position to have that view, was also reasonable and the evidence obtained thereby was properly admitted into evidence. State v. Flores, Fla.App. 1974, 305 So.2d 292, and § 901.21, Fla....

...1921, 32 L.Ed.2d 612 (1972); Coney v. State, 341 So.2d 238 (Fla. 3d DCA 1976). The disclosure of a bench warrant authorized the police to arrest the defendant. Wigfall v. State, 323 So.2d 587 (Fla. 3d DCA 1975). Based on a valid arrest, a search of his person was lawful. § 901.21, Fla....

...As an incident to an arrest made under these conditions the arresting officer has the power, indeed, it is his duty, to search the person so arrested and to seize anything found on his person or in his possession or control tending to show that the person is guilty of a violation of the law. See Section 901.21, Florida Statutes, 1941, F.S.A.; Cortes v....

..."patting down"' the suspect.' Further on, the opinion would limit custodial search `to weapons and instrumentalities for escape.' This is contrary not only to all Florida authorities as cited above but actually would be in derogation of the statute, section 901.21....

...When a lawful arrest is being made without a warrant, a reasonable search and seizure properly incident to the arrest may be executed. If the search reveals any violation of the law, the evidence thus found may be seized and used against the one in whose possession it is found. Section 901.21, Florida Statutes; Bozeman v....

...543), and search of the person and immediate surroundings as an incident to an arrest. (Harris v. United States, 1947, 331 U.S. 145, 67 S.Ct. 1098, 91 L.Ed. 1399). The authority of an arresting officer to search the person being arrested is embodied in Section 901.21, Florida Statutes, F.S.A....

...A search for fruits of the crime or for evidence has been upheld as properly incident to a lawful arrest in numerous Florida decisions. [3] Query: May the search be for evidence of any crime, or is it limited to fruits of the crime for which the person was arrested? Section 901.21, Florida Statutes, F.S.A., seems to indicate that a search is permissible to discover evidence of any crime....

...Accordingly, the order of probation is reversed and the cause remanded with directions to discharge the appellant from further prosecution under Information F 69-33. Reversed and remanded, with directions. LEE, THOMAS E., Jr., Associate Judge, concurs. REED, J., concurs in conclusion. NOTES [1] 901.21 F.S.A....

...See Codie v. State, 406 So.2d 117 (Fla.2d DCA 1981). Immediately thereafter, the officers were notified that there was an outstanding capias for the appellee's arrest. He was at that time arrested and lawfully searched pursuant to that arrest. See § 901.21, Fla....

...Therefore, the court ruled that the warrantless search of the bag was invalid and granted the motion to suppress. On appeal, the state argues that the search of the bag was incident to a custodial arrest in an area within that person's immediate control. See § 901.21(1)(a), Fla....

arrested has committed or is committing it." Section 901.21, Florida Statutes 1941, F.S.A., provides that

...1969), supra, and Section 901.15, Florida Statutes (1975). Likewise, the subsequent seizure of the heroin did not require the issuance of a warrant as the personal search of the defendant was made pursuant to his lawful arrest. See State v. Gustafson, 258 So.2d 1 (Fla. 1972) and Section 901.21, Florida Statutes (1975)....

...Such a determination was based on probable cause in that alcohol was detected on appellee's breath, appellee's speech was slurred, and his walk was in a peculiar manner. Third, as an incident to a lawful arrest, Deputy Walsh validly searched the person of the appellee. Florida Statute § 901.21(1), F.S.A., specifically empowers an officer making a lawful arrest to search a person so arrested and to seize anything found on his person or in his possession tending to show a violation of the law....

...Section 901.15(3), Florida Statutes, F.S.A., provides that an arrest may be made by an officer when he has reasonable ground to believe that a felony has been or is being committed and reasonable ground to believe that the person to be arrested has committed or is committing it. Under section 901.21(1), Florida Statutes, F.S.A., any law enforcement official is authorized to make a lawful search if it is incident to a lawful arrest....

...ating evidence, his handing the bag to the officer without objection did not amount to a voluntary consent to the search. An arrested person has no legal right to resist a search by the arresting officer of articles in his open possession. F.S. Sec. 901.21, F.S.A....

...cognized. See, e.g., Gustafson v. Florida, 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973); United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973); Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969), and § 901.21, Fla....

...ther the trial judge erred in failing to direct a verdict of not guilty as to defendant Roark. The constitutional guarantee [1] against unlawful search and seizure does not extend to a reasonable search and seizure incidental to a lawful arrest. See § 901.21, Fla....

...t based, as it was, on the total circumstances of the case including certain incriminating evidence properly seized from the defendant's tote bag. State v. Gustafson, 258 So.2d 1 (Fla. 1972), aff'd, 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973); § 901.21, Fla....

...2d DCA 1976). Once the officers seized the still warm marijuana cigarette, after smelling the burning marijuana, there was probable cause to arrest Bowden. Thereafter, the cocaine found on Bowden was seized lawfully as a search incident to an arrest. See § 901.21, Fla....

...Mobley, the post-arrest search of the bathroom and seizure of the gun were illegal. The postconviction court disagreed, concluding that the officers could conduct a visual sweep after Mr. Mobley's arrest. We review this legal conclusion de novo. See Balmori v. State, 985 So.2d 646, 649 (Fla. 2d DCA 2008). Section 901.21, Florida Statutes (2004), provides: (1) When a lawful arrest is effected, a peace officer may search the person arrested and the area within the person's immediate presence for the purpose of: (a) Protecting the officer from attack; (b) Preventing the person from escaping; or (c) Discovering the fruits of a crime....

...e police after he was placed under arrest. Even accepting appellant’s view that the police extended their search of his apartment beyond permissible limits [see, Chimel v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 (1969); Fla.Stat. § 901.21, F.S.A.], the record shows that at least some of the ammunition was within the plain view of the police officers making the arrest....

...The arresting officer had reasonable grounds to believe that appellant was connected with the lottery activities based on his prior knowledge of appellant. Furthermore evidence seized incident to a proper arrest is not subject to suppression. E. g., Williams v. State, 210 So.2d 497 (Fla.2d DCA 1968). See Section 901.21, Florida Statutes....

...5th DCA 1980); Wood v. State, 378 So.2d 110 (Fla. 5th DCA 1980); Smith v. State, 383 So.2d 991 (Fla. 5th DCA 1980). That condition is hereby stricken. In all other regards, the judgment is affirmed. AFFIRMED in part. COBB and FRANK D. UPCHURCH, Jr., JJ., concur. . § 901.21(2), Fla.Stat....

conducted as an incident to a lawful arrest. See Section 901.21(1), Fla.Stat., 1965, F.S.A. There was no error

...s to the arresting officer as one concealed in the clothing of the person arrested. Therefore there was justification for a search of the arrestee’s person and the “area within his immediate control.” The holding of Chimel has been codified in section 901.21, Florida Statutes, which authorizes an officer making an arrest to search “the area within the person’s immediate presence or control.” See also Savoie v....

...Lounge, it did not address how law enforcement determined that Rivera was the person the CI had called, who was only identified as Nephew and for whom no physical description was provided. Citing Gant, the Hillsborough County Sheriff's Office standard operating procedures, and section 901.21, Florida Statutes, the court found that the officers could legally seize the containers found in the search of Rivera's person....

...searched and the lockbox and bag were removed from his person. The evidence further establishes that the lockbox and bag were given to officers on scene to search; they were no longer in Rivera's control or reach. At the hearing, the prosecutor referenced section 901.21, Florida Statutes (2022), in connection with the standard operating procedures testified to by the detectives. Section 901.21 is divided into subsections; subsection (1) provides for "search [of] the person arrested and the area within the person's immediate presence," and subsection (2) provides for "seize[ure] [of] all instruments, articles, or things disco...

...he arrest was incident to the search. We can not agree. On the facts disclosed the search was incident to his arrest for public drunkenness, and the subsequent charge and prosecution for possession of marijuana found on such search were proper under § 901.21(1) Fla.Stat., F.S.A....

...thing or personal belongings of the occupants of the automobile. The missing currency is the factor which gives reasonableness to the search, an incident of which resulted in the charge involved herein. The search was reasonable and pursuant to F.S. Section 901.21(1), F.S.A., the evidence found is admissible....

...California, 1969, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 ; Preston *41 v. United States, 1964, 376 U.S. 364 , 84 S.Ct. 881 , 11 L.Ed.2d 777 ; Courington v. State, Fla.1954, 74 So.2d 652 ; Haile v. Gardner, 1921, 82 Fla. 355 , 91 So. 376 ; and Section 901.21(2), F.S.1971, F.S.A....

...United States, 1964, 376 U.S. 364, 367 , 84 S.Ct. 881, 883 , 11 L.Ed. 2d 777 , and Dyke v. Taylor Implement Mfg. Co., 1968, 391 U.S. 216, 220 , 88 S. Ct. 1472, 1475 , 20 L.Ed.2d 538 . . Chimel v. California, 1969, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 ; and Section 901.21(2) (a) and (b), F.S.1971, F....

...Compare Preston v. United States, 1964, 376 U.S. 364 , 84 S.Ct. 881 , 11 L.Ed.2d 777 , and Cooper v. California, 1967, 386 U.S. 58 , 87 S.Ct. 788 , 17 L.Ed.2d 730 , with Dyke v. Taylor Implement Mfg. Co., 1968, 391 U.S. 216 , 88 S.Ct. 1472 , 20 L.Ed.2d 538 . . Section 901.21(2), F.S.1971, F.S.A....

seizure which followed was valid and proper, Section 901.21, Florida Statutes, F.S.A.; Pegueno v. State