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State v. Filoso

District Court of Appeal of Florida, Fourth District
Mar 3, 1993
613 So. 2d 69 (Fla. Dist. Ct. App. 1993)

Summary

finding a defendant was properly arrested pursuant to a mutual aid agreement

Summary of this case from Ball v. City of Coral Gables

Opinion

No. 92-1593.

January 13, 1993. Rehearing Denied March 3, 1993.

Appeal from the Circuit Court, Broward County, Richard D. Eade, J.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellant.

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


We reverse the trial court's order, dismissing the information against appellee.

Appellee was properly arrested under a statutorily authorized agreement between Hollywood and Pembroke Pines. However, the trial court dismissed the charges because the Pembroke Pines officers did not turn appellee over to the Hollywood police as contemplated by the agreement. Instead, the officers returned to their own police station and then transported appellee to the county jail.

We have not found controlling precedent or a case from any court addressing whether dismissal is an appropriate remedy for breach of a mutual aid law enforcement agreement.

The only court which appears to have addressed what could be construed as analogous circumstances is the Fifth District Court of Appeal. In Darby v. State, 502 So.2d 1358 (Fla. 5th DCA), rev. denied, 511 So.2d 298 (Fla.), cert. denied, 484 U.S. 897, 108 S.Ct. 231, 98 L.Ed.2d 190 (1987), the fifth district concluded that an unlawful or invalid arrest by a police officer outside the territorial jurisdiction does not justify dismissal of charges. The court held that the validity of an arrest has no bearing on the guilt or innocence of an accused and is not necessary to the jurisdiction of a court in a criminal case. Id. at 1359. Cf. State v. Ostrow, 579 So.2d 292 (Fla. 3d DCA 1991); State v. E.T., 560 So.2d 1282 (Fla. 3d DCA 1990).

On remand, we direct that the charges against appellee be reinstated. While the officers may not have complied with the agreement after the initial valid arrest, we see no prejudice to appellee, and no basis for dismissal of the charges.

GLICKSTEIN, C.J., and ANSTEAD and HERSEY, JJ., concur.


Summaries of

State v. Filoso

District Court of Appeal of Florida, Fourth District
Mar 3, 1993
613 So. 2d 69 (Fla. Dist. Ct. App. 1993)

finding a defendant was properly arrested pursuant to a mutual aid agreement

Summary of this case from Ball v. City of Coral Gables

reinstating charges against a defendant, finding no prejudice to the defendant and no basis for dismissal of the charges stemming from a breach of a mutual aid law enforcement agreement

Summary of this case from State v. Phelps
Case details for

State v. Filoso

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. DAVID FILOSO, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 3, 1993

Citations

613 So. 2d 69 (Fla. Dist. Ct. App. 1993)

Citing Cases

State v. Phelps

Id., 379 N.W.2d at 68. See also State v. Filoso, 613 So.2d 69 (Fla.App. 1993) (reinstating charges against a…

Ball v. City of Coral Gables

See Fla. Stat. §§ 23.12, et. seq. See e.g., Rinaldo v. State, 787 So. 2d 208, 214 (Fla. 4th DCA 2001)…