Kawesch v. State

Full title: MITCHELL KAWESCH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 29, 1985

469 So. 2d 938 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-1309.

May 29, 1985.

Appeal from Circuit Court, Broward County; Patricia W. Cocalis, Judge.

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed on the authority of State v. Shipman, 370 So.2d 1195 (Fla. 4th DCA 1979); see also Phoenix v. State, 455 So.2d 1024 (Fla. 1984) and State v. McGoey, 399 So.2d 495 (Fla. 3rd DCA 1981).

HERSEY and GLICKSTEIN, JJ., concur.

WALDEN, J., dissents with opinion.

WALDEN, Judge, dissenting.

I respectfully dissent because, in my opinion, the law enforcement officials, acting outside their jurisdiction, impermissibly used the powers of their office in arresting Mitchell Kawesch. The totality of their actions lead me to this conclusion. The officers participated in a drug deal to include possession, a right not available to a private citizen. One officer used a body bug in arranging for the drug deal and bust, again in violation of statute and contrary to the rights enjoyed by private citizens. Finally, the officers carried and used concealed weapons in making the arrest, a right not available to a person making a citizen's arrest.