Opinion
No. 75-680.
March 26, 1976. Rehearing Denied April 14, 1976.
Appeal from the Circuit Court, Broward County, M. Daniel Futch, Jr., J.
Richard L. Jorandby, Public Defender, and Bruce Zeidel, Asst. Public Defender, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Robert B. Breisblatt, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant was convicted of receiving stolen property. Tangible evidence (i.e., the stolen property) introduced by the State over objection had been the subject of a pretrial motion to strike, hearing on which was held during trial. The tangible evidence was taken from the person of appellant while he was in custody as a result of a warrantless arrest for which the arresting officer did not have probable cause. The arrest was illegal and thus the tangible evidence was the fruit of an illegal search of appellant's person. It was error to deny the motion to suppress. Upon remand such motion should be granted.
The judgment is reversed and this cause remanded for a new trial.
WALDEN, C.J., and OWEN and DOWNEY, JJ., concur.