State v. Warren

BOYER, Chief Judge.

The State of Florida, by this interlocutory appeal pursuant to F.S. 924.071, seeks our review of an order of the trial judge suppressing evidence resulting from a search of the person of appellee following his arrest for a misdemeanor (assault and battery) which appellee claims was not committed in the officer’s presence. The sole point in issue is the validity of the arrest.

On the evening of the subject arrest, the arresting officer, incident to an investigation of a disturbance at a lounge, handcuffed a male juvenile to the shotgun rack in his patrol cruiser. Thereafter,…