State v. Clark

Full title: THE STATE OF FLORIDA, APPELLANT, v. LAWRENCE CLARK, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Nov 24, 1980

389 So. 2d 1216 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-1738.

October 28, 1980. Rehearing Denied November 24, 1980.

Appeal from the Circuit Court for Dade County, Richard S. Hickey, J.

Janet Reno, State's Atty. and Milton Robbins, Asst. State's Atty., for appellant.

Bennett H. Brummer, Public Defender and Joseph C. Segor, Asst. Public Defender, for appellee.

Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.

PER CURIAM.

Affirmed. An arrest for trespass under Section 810.08(1), Florida Statutes (1977), as for other cases, must be based on facts which lead a reasonable person to believe that an offense has been committed, Albo v. State, 379 So.2d 648 (Fla. 1980); Benefield v. State, 160 So.2d 706 (Fla. 1964), and not upon suspicion. Betancourt v. State, 224 So.2d 378 (Fla.3d DCA 1969).