Opinion
Nos. 87-2044, 87-2073.
July 6, 1988. Rehearing Denied August 10, 1988.
Consolidated appeals from the Circuit Court for Broward County; Mark A. Speiser, Judge.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Amy Lynn Diem, Asst. Atty. Gen., West Palm Beach, for appellant.
Peter J. Giacoma, Jr., of Peter J. Giacoma, P.A., and Douglas J. Glaid of Douglas J. Glaid, P.A., Fort Lauderdale, for appellee-Bernstein.
Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellee-Moon.
We reverse the trial court's orders, dismissing the charge and suppressing the evidence, on the authority of Phoenix v. State, 455 So.2d 1024 (Fla. 1984), and State v. Hume, 512 So.2d 185 (Fla. 1987) respectively.
GLICKSTEIN and GUNTHER, JJ., concur.
ANSTEAD, J., concurs specially with opinion.
I agree with the majority that the police officer in question here was not acting sufficiently "under color of office" to vitiate the subsequent arrest and prosecution of appellants for a drug bust set up by the officer outside his jurisdiction but with the cooperation of officers in the jurisdiction where the bust took place. See State v. Shipman, 370 So.2d 1195 (Fla. 4th DCA 1979).